The California Health and Safety Codes are a set of California laws that describe environmental, health, controlled substances, and safety rules and regulations. Most of the California Health and Safety Codes discussed narcotics-related criminal offenses, including drug trafficking, manufacturing, possession, transportation, and sale.
Here is more about the offenses under the California Health and Safety Codes. When you need help defending yourself against these allegations, do not hesitate to contact an experienced Los Angeles DUI attorney to discuss your defense options in greater detail.
Health & Safety Code 109575 – Imitation of a Controlled Substance
Under California Health and Safety Code 109575, it is illegal for anyone to knowingly and intentionally possess, distribute, or manufacture imitation controlled substances with the intent to sell. Generally, this is considered a misdemeanor offense, punishable by up to six months in a California county jail and fines of up to $1,000.
Health & Safety Code 11153 HS – Misuse of Prescription Medicine
Under California Health and Safety Code 11153, it is a criminal offense for healthcare providers to commit prescription fraud when knowingly writing prescription medications for controlled substances when:
- They are not issued in the course of the healthcare provider’s practice
- There is no legitimate medical reason for the prescription
This is a wobbler offense, so it can be charged as a misdemeanor or felony. If convicted at the misdemeanor level, defendants can face as much as one year in county jail and fines of up to $1,000. If convicted at the felony level, you could spend up to three years in a California state prison and be fined up to $20,000.
Health & Safety Code 11350 HS – Possession of a Controlled Substance
It is a criminal offense to be in possession of a controlled substance without a valid prescription under California Health and Safety Code 11350. This is generally charged as a misdemeanor. If you are found guilty, you could spend up to six months in a county jail and be fined up to $1,000.
Health & Safety Code 11351 HS – Possession of a Controlled Substance with Intent to Sell
Under California Health and Safety Code 11351, you can face charges for possessing a controlled substance with intent to sell if you possess any controlled substance and there is evidence that you intended to distribute or sell it. This offense is generally charged as a felony, meaning you could face up to three years in a California state prison and be fined up to $20,000.
Health & Safety Code 11352 HS – Sale or Transportation of a Controlled Substance
According to California Health and Safety Code 11352, you can be charged with the sale or transportation of a controlled substance if you are selling or transporting any controlled substance, including:
- Cocaine
- Peyote
- Heroin
- Vicodin
- Valium
- Oxycodone
- Codeine
- LSD
This is generally charged at the felony level, which means a violation is punishable by up to three years in a California state prison and fines not to exceed $20,000.
Health & Safety Code 11355 – Substitution of an Imitation Controlled Substance
Under California Health and Safety Code 11355, you can face criminal charges if you are accused of attempting to sell or transport fake drugs. This is a wobbler offense, so it can be charged as a misdemeanor or felony based on aggravating and mitigating factors.
Misdemeanor penalties could include up to six months in county jail and fines of up to $1,000. Felony penalties could consist of up to three years in a California state prison and fines of up to $20,000.
Health & Safety Code 11357 HS – Possession of Marijuana for Personal Use
Possession of marijuana for personal use under California Health and Safety Code 11357 is still a crime if the amount in your possession exceeds the legal limit of 1 ounce. This is typically a misdemeanor crime, so fines could reach $1,000, and you could spend up to six months in county jail.
Health & Safety Code 11358 HS – Cultivating Marijuana
If you are accused of cultivating marijuana under California Health and Safety Code 11358, you could face misdemeanor charges. Marijuana use may be legal for recreational purposes, but if you grow more than six plants, you can spend up to six months in county jail and be fined $1,000.
Health & Safety Code 11359 HS – Possession of Marijuana With Intent to Sell
Suppose you are in possession of marijuana and intend to sell marijuana without a valid license under California Health and Safety Code 11359. In that case, you could be charged with a misdemeanor or a felony depending on your criminal record and the amount of the drug in question.
If convicted of a misdemeanor, you could spend up to six months in county jail and pay fines up to $1,000. Felony convictions carry up to three years in prison and fines of up to $20,000.
Health & Safety Code 11364 – Possession of Drug Paraphernalia
Under California Health and Safety Code 11364, you can face misdemeanor charges if you are accused of possessing any drug paraphernalia. This could carry a sentence of up to six months in county jail and fines not to exceed $1,000. Examples of drug paraphernalia could include:
- Rolling papers
- Needles
- Bongs
- Spoons
- Pipes
- E-cigarettes
- Plastic baggies
- Small glass vials
Health & Safety Code 11370.1 HS – Possession of a Controlled Substance While Armed
If you are in possession of an operable firearm and a controlled substance at the same time, you could face criminal charges under California Health and Safety Code 11370.1. This is a felony-level offense, punishable by a maximum of four years in a California state prison and fines of up to $20,000.
Get Help from a Los Angeles DUI Attorney Today
These are only a few types of crimes regulated under the California Health and Safety Codes. If you have been charged with another offense that was not described above or any other kind of crime, you may need an experienced criminal defense attorney.
Do not hesitate to contact a Los Angeles DUI lawyer to discuss your defense options further. When you contact our team for a free, no-obligation consultation, learn more about what is next for your case. Call our office or fill out our secure contact form to take advantage of this opportunity.
