Selling or transporting methamphetamine for the purpose of selling is illegal in California under Health and Safety Code 11379. A conviction for this violation can bring financial loss and a significant prison sentence, along with life-changing indirect consequences. To fight this charge and the potential consequences, secure representation from a Drug Crimes Lawyer from Simmrin Law Group.
What HS Code 11379 Prohibits
The terms “transportation” and “sale” in HS Code 11379 are broad. The meanings they carry are much more specific. Under the law, the following acts are illegal:
- Selling or exchanging methamphetamine for money, a service, or anything else that holds value
- Transporting methamphetamine from one place to another for the purpose of selling it. Any distance, no matter how long or short, counts
- Distributing, even for free, methamphetamines to other people
- Administering methamphetamine to another person
Even offering or attempting to perform any of these acts is a crime under this code.
Examples of Violations of Code 11379
You can be charged with violating the code if you:
- Offer to deliver methamphetamine from one neighbor to another as a “favor”
- Sell methamphetamines to a friend or a stranger
- Try to “Shoot up” or inject a user with methamphetamine
- Share methamphetamines, at no charge, at a party
- Trade methamphetamines for sex
Other Controlled Substances
Charges for violations of this code can also be issued for the sale or transport with intent to sell other controlled substances. Date rape drugs, including GHB and Ketamine, and other anabolic steroids, are included under this law.
Charges and Penalties for the Transportation or Sale of Methamphetamines
If you are arrested for any of the acts prohibited under this code, you will be charged with a felony. You can face a base punishment of a jail or prison sentence of two, three, or four years and possibly a fine of up to $10,000.
Under some circumstances, your prison term can be increased or “enhanced.” If you
- Are found guilty of transporting methamphetamine across two or more county lines intending to sell it, prison sentences can increase to three, six, or nine years
- Committed the act on drug treatment center or detox facility properties or on the grounds of a homeless shelter, prison sentences can be increased by one year
- Had over a kilogram of the substance in your possession at the time of your arrest, prison sentences can extend to up to 15 years
- Recruited help from a minor to commit the act, perhaps as a mule or a lookout, prison sentences can be increased by three, six, or nine years
Additional Punishment-Related Circumstances
While some drug convictions allow offenders to complete drug diversion programs instead of prison time, a conviction of this code is not one of them. Further, this drug crime is a “straight felony,” meaning it cannot be reduced to a misdemeanor. If you are in the United States as a legal immigrant or legal alien, you can be deported upon conviction of this crime.
Securing legal representation from a skilled drug crimes attorney from Simmrin Law Group is critical. Your lawyer will challenge the prosecution’s accusations to have the charges dismissed entirely or help you avoid the most severe penalties.
Requirements for a Conviction
The prosecution can only secure a conviction by proving your act meets all “elements of the crime.” These elements include proving
- You sold, transported, provided, or administered methamphetamine or offered or attempted to do any of these acts.
- You were aware of the drug’s presence and its classification as a controlled substance.
- The acts you committed involved a “usable” amount of methamphetamine.
A “usable” amount of the drug does not mean a “large” amount. It is the amount a user would ingest, inject, snort, swallow, or otherwise consume to achieve a high. Tiny amounts of drug residue left on a baggie or other paraphernalia would not be considered “usable.”
Defenses Your Drug Crimes Defense Attorney Can Present
If you have been charged with violating HS Code 11379, your situation is serious. You need an experienced drug crimes defense attorney to challenge the charges and subsequent penalties.
Each case is unique, and your lawyer will investigate the specific circumstances of your alleged crime to develop a vigorous defense.
The Drug Was Prescribed
The law states selling, transporting, giving, and administering controlled substances is illegal and warrants prison time unless the person in possession has the substance “upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state…”
Your lawyer may be able to produce evidence showing you had been prescribed the drug and carried it on you for medical purposes.
You Did Not Know of the Drug’s Presence
If you are arrested because law enforcement finds methamphetamine in your car, prosecutors must prove you knew the drug was in your car. Your lawyer may argue you were traveling with a friend who owned the drug, and that friend did not reveal the presence of the drug to you.
You Were Subjected to an Illegal Search
For law enforcement to subject you to a search, they must have a warrant. If they do not, they must have a legal reason for not having one before they can perform a lawful search and seizure.
Your lawyer will carefully review the series of events leading to your arrest and may determine the arrest was based on an illegal search.
Law Enforcement Entrapped You
When law enforcement uses trickery to coerce you into committing a crime, they have used “entrapment.” If police created an undercover sting operation and arrested. As a result, your lawyer may argue you only committed the crime because of law enforcement’s entrapment tactics.
You Need a Strong Defender
When facing charges for a safety code 11379 violation, you need an attorney with extensive knowledge of drug laws to provide you with a customized, fierce defense. By partnering with a drug crimes defense attorney from Simmrin Law Group, you put yourself in the best position to beat your charges or have your penalties reduced. Contact us today for a free case review.