You have been charged with a violation of CA Health and Safety Code Section 11352 HSC: sale or transportation of a controlled substance. The future looks bleak, but legal help is available. With a criminal defense attorney on your side, you could get this charge and a driving under the influence (DUI) violation dismissed.
Speak with Los Angeles DUI lawyer if you have been charged with breaking California Health and Safety Code Section 11352 HSC and driving under the influence. We have decades of experience connecting clients with knowledgeable defense attorneys. We can match you with legal counsel and teach you about California health and safety codes and DUI laws. Call today.
What California Health and Safety Code Section 11352 Prohibits
CA Health and Safety Code Section 11352 applies to anyone who performs or offers to perform any of the following actions with a controlled substance:
- Selling
- Administering
- Transporting
- Bringing into the state
- Furnishing
- Giving away
In your case, the prosecution has to show that the following are true to prove to the court that you should be convicted of violating this rule:
- You sold or transported a controlled substance in California.
- You knew that what you transported or sold was a controlled substance based on California’s Health and Safety Code or related to a controlled substance.
- You knew about the substance and the amount available to use.
A Los Angeles DUI lawyer can share details about CA Health and Safety Code Section 11352, CA Health and Safety Code 11350(a), and other laws that relate to your case. They could help you get a DUI charge and a controlled substance offense dismissed.
What Drugs Are Illegal to Sell Under California Health and Safety Code Section 11352 HSC: The Transportation or Sale of Controlled Substances?
Based on California Health and Safety Code Section 11352 HSC, it is against the law to sell or transport various street or prescription drugs in California. You could be arrested for violating this regulation if you are found selling or transporting any of the following drugs:
- Cocaine
- Heroin
- Peyote
- LSD
- Codeine
- Oxycodone (OxyContin)
- Hydrocodone (Vicodin)
Although cannabis is legal in California for recreational and medical use, it is possible to be charged if you sell or transport marijuana. For example, you could be charged if you sell, transport, or give away marijuana without being licensed to do so. In this scenario, you risk being punished under California Health and Safety Code Section 11360.
Penalties If You Are Convicted of Violating CA Health and Safety Code Section 11352
You face a felony conviction if the court rules you violated California Health and Safety Code Section 11352. Generally, a conviction will result in a jail or prison sentence of up to nine years and a maximum fine of $20,000.
Selling drugs to minors or other aggravating factors can escalate the penalties you receive if you are convicted of transporting or selling a controlled substance in California.
For instance, suppose that you are charged with a DUI and the sale or transport of a controlled substance. You could face California DUI penalties on top of those for violating California’s Health and Safety Code.
Partner with a lawyer to fight back against the penalties for violating CA Health and Safety Code Section 11352. Your attorney can answer questions about how much cocaine can lead to a felony and other legal topics. They can build a legal defense specifically for your case.
Legal Defenses If You Are Charged with Selling or Transporting Controlled Substances
Your attorney can discuss DUI strategies and other legal defenses with you. They examine the facts of your case carefully as they put together your legal strategy. Defenses your attorney may consider include:
Illegal Search and Seizure
The police search your vehicle and arrest you for transporting controlled substances. To get a conviction, the prosecution must prove that the police had reasonable cause to perform this search. Your lawyer can raise a reasonable doubt about the search, if it was necessary, and if it was a violation of your constitutional rights.
No Intent to Sell or Transport Drugs
You have drugs in your possession for personal use, but you never planned to sell or transport them or engage in such activities. Your lawyer can explain to the court that there was no intent on your part to sell or transport a controlled substance.
Entrapment
Law enforcement pressures you to sell or transport drugs, and you are charged with violating Section 11352 of the California Health and Safety Code. Your attorney can argue that you were the victim of entrapment.
Consult with a criminal defense lawyer if you are unsure of what to do after being charged with a controlled substance transport or sale violation. Your lawyer advocates for you and positions you to avoid a conviction.
Take Legal Action If You Have Been Arrested for Violating CA Health and Safety Code Section 11352 HSC
You are not alone as you deal with the aftermath of a charge based on CA Health and Safety Code Section 11352 HSC. Criminal defense lawyers offer legal guidance and support. They can help you disprove the prosecution’s case.
Work with Los Angeles DUI Lawyer if you face a driving under the influence charge and controlled substance sale or transport violation. We can put you in touch with an attorney who knows what it takes to dispute criminal charges. Contact our experienced team today.
