One of the most severe drug offenses in California is transportation for sale of a controlled substance, which distinguishes simple possession from the much more serious crime of drug trafficking. This is not just a simple charge of carrying. Instead, it is an allegation of transporting drugs with the intent to distribute. Generally, a conviction can result in a lengthy prison term, as well as a permanent criminal record. Consequently, this has a significant impact on both your job and your future. When the evidence, like the amount of drugs, packaging, or travel patterns, indicates intent to distribute, the typical appearance of the actions can be quickly upgraded to a felony trafficking charge.
When your freedom depends on how every part is interpreted, the stakes are too high. Do not face this crisis unprepared. Secure the best possible future for yourself or a loved one facing serious drug trafficking charges. Contact the aggressive and experienced criminal defense team at CCLG: Los Angeles Criminal Attorney for immediate, strategic legal representation.
Defining Transportation for Sale
In California, the crime of Transportation for Sale of a Controlled Substance is prosecuted under Health & Safety Code (HSC) 11352, which is among the most serious drug felonies. For example, the sale, provision, management, donation, transport, or import of controlled substances like cocaine, heroin, or other opioids.
An essential element of HSC 11352 conviction is the prosecution’s burden to prove it beyond a reasonable doubt.
- You transported or imported a controlled substance.
- You knew of the substance’s presence.
- You knew the substance was a controlled substance.
- You intended to sell or help sell that substance.
- The substance was in a usable amount.
The Meaning of “Transportation”
In this context, the legal term “transportation” is very broad. The term refers to the transfer of a controlled substance from one place to another. Even very short movements can count as transporting. That is, if you carry drugs from one side of the room to the other, it may legally qualify.
Intent, Possession, and Distinction
As prosecutors cannot read your mind, proof of the necessary element of intent to sell must be based largely on circumstantial evidence. Law enforcement and prosecution seek evidence that shows distribution, rather than personal use, which is referred to as indicia of sale. Substantial drug seizures, a substance cut into multiple small bags or parcels, and the presence of sales paraphernalia are the key indicators. Drug dealers usually have equipment that is different from that of the drug users. Examples might be scales, bags, and money books.
The Three Tiers of Drug Charges
It is essential to understand how intent is proven, as it distinguishes among California’s three primary drug offenses. The crime of simple possession (HSC 11350) is now more commonly charged as a misdemeanor. It applies when you have a small quantity of a controlled substance for your own personal use.
If the state demonstrates the intent indicators discussed above, the charge is upgraded to possession for sale (HSC 11351). Most importantly, when you engage in that act of possession with intent and also that distinct act of moving the substance, it becomes transportation for sale (HSC 11352). The penalties when you move a legal substance for commercial distribution are harsher. Likewise, when transportation crosses county lines, the potential maximum penalty increases substantially.
Actual vs. Constructive Control
To prove charges under §11352, there must be proof that, whether actual or constructive, the accused possessed the drugs being transported. The fact that the transportation for sale offense requires you to have possession of the item you are transporting, proof that you had control over the drugs will suffice for a conviction by prosecutors. Control can be having the drugs, in fact, on your person (a pocket or backpack) or constructive possession. Constructive possession refers to having the ability and authority to control the place where the drugs were found. For example, your car, your desk, or a locked container that is yours. Even if the drugs you are charged with transporting are in the trunk of your car or under a seat and do not physically touch your person, the court will still hold you liable for the charge as long as the prosecution proves you had that control and knew they were there.
What the California Prosecutor Must Establish
For you to be convicted of transportation for sale of a controlled substance (HSC 11352), the state must affirmatively prove four elements regarding the defendant’s conduct and state of mind. The state must sustain its burden of proof beyond a reasonable doubt for each. The defense is taking the approach of either dismantling these claims with evidence or creating a reasonable doubt.
- Proof of Transportation
Typically, the prosecution establishes this element through eyewitness testimony, police surveillance, a report of a traffic stop, or electronic evidence from GPS or cell tower triangulation. For instance, the police officers prove part of the offence called transportation if they stop you from driving a vehicle with contraband. An experienced defense attorney may file a Motion to Suppress under Penal Code §1538.5, challenging the stop or search, claiming that it violated your Fourth Amendment rights and that evidence should be excluded. Likewise, if the alleged transport were for personal use only, that is, moving drugs for personal use (and not for sale), then the charge would not satisfy the ‘for sale’ element and is defensible.
- Proof of Knowledge
The state must establish two separate facts to meet the knowledge requirements: that the defendant was aware of the substance and was aware that it was a controlled substance. Witness statements, post-arrest admissions, or circumstantial evidence, such as furtive movement or sophisticated concealment techniques, support this element. Forensic testing and chemical analysis are used to confirm the identity of the controlled substance. The defense may counter by arguing that the defendant was unaware of the substance’s presence. The accused argues that if one merely drove their friend’s car and was unaware of a package hidden in the car’s trunk, then that person did not know the substance’s presence. If the substance was disguised, labelled or camouflaged, likely, you did not think it was illegal, which negates an essential element of the charge.
- Proof of Intent to Sell
This element is the most frequently challenged and requires prosecutors to rely on circumstantial evidence, as direct evidence of intent seldom exists. Experts in controlled substances working in law enforcement testify to the significance of the amount of drugs, the absence of personal use paraphernalia, and the presence of sales-related items like digital scales, large amounts of cash, or many little Ziploc baggies. Text message exchanges and call logs that set up transactions are digital records that may also serve as evidence.
Your defense attorney could argue that the quantity was consistent with a “stash,” a large purchase for a discounted price for heavy personal use, not distribution. The defense could also present additional evidence, such as the absence of sales records and the presence of significant cash, to contradict the expert’s evidence. They could also claim that the drugs were only for consumption and not for sale.
- Proof of Usable Amount
The last proof requirement is that the seized drugs must be of a “usable amount.” This means that the amount must be such that a person can take the drugs. This is different from mere traces of drugs, which a person cannot use for anything. The prosecution proves the identity and weight of drugs through chemical analysis and laboratory reports. The defense will challenge this evidence by arguing that the lab’s chain of custody was broken. They may seek an independent lab from the defense to analyze the drugs, and possibly challenge the weight or purity.
Furthermore, they could argue that the amount, while technically “usable,” was so small that it would contradict any realistic argument of intent to sell. It is rare for this element to be successfully challenged, but if it is, and it is proven that the sample was compromised, it can be devastating to the prosecution’s case.
Controlled Substances and California Drug Schedules
The law is applied and penalties assessed based on the type of controlled substance involved. California has a drug scheduling system that is patterned on the Controlled Substances Act of the federal government. Note that this system has five schedules (or categories). Further, all drugs included in these schedules have been classified based on their potential for abuse and accepted use in medicine.
HSC 11352 drugs refer mainly to Schedule I and II narcotics and non-narcotic controlled substances, which carry the heaviest punishment.
- Schedule I — Drugs with high abuse potential that have no accepted medical use, like heroin, LSD, ecstasy, or MDMA
- Schedule II (Potential for High Abuse and Restricted Medical Use) — Includes cocaine and methamphetamine, as well as high-potency prescription opioids, that is, Oxycodone and Fentanyl. Typically, HSC 11352 refers to charges involving cocaine, heroin, and opioids, and HSC 11379 applies to charges involving meth and other non-narcotic stimulants.
- Illicit prescription drugs — Selling or carrying prescription medications like hydrocodone, codeine, Xanax, or others is considered just as serious as trafficking street drugs when it occurs outside the scope of a lawful prescription.
The Marijuana Distinction (Post-Prop 64)
Because of the passage of Proposition 64, marijuana (cannabis) is treated differently. Whereas adults over the age of 21 may legally possess and transport up to 28.5 grams of cannabis for personal use, transporting it for resale is still illegal. Furthermore, it is a violation of HSC 11360, and you could be prosecuted. Even if you are transporting above legal personal limits (28.5 grams of flower or 8 grams of concentrate) or possessing proof of intent to sell (i.e., packaging, cash), it may become a misdemeanor or felony depending on your circumstances and the amount.
State vs. Federal Charges
Most people charged with drug crimes in California (the state) will have their cases handled in the California State Court. However, the federal government may charge the same crime if the drug activity involved interstate commerce or international borders, or if it occurred on federal property, including national parks. Federal drug crimes defined and prosecuted under the Controlled Substances Act tend to impose harsher penalties, limit alternative sentencing possibilities with greater stringency, and inflict mandatory minimum sentences to a greater extent than does California. Federal involvement significantly intensifies the stakes, making immediate, specialized legal assistance critical.
California Penalties and Consequences
Facing a conviction under the California Health and Safety Code 11352 for Transportation for Sale of a Controlled Substance is a felony involving serious, long-term consequences that go well beyond jail time.
- Primary Penalties and Sentencing
A standard conviction for HSC 11352 will result in a felony sentence for the defendant.
- Prison sentence of a term of three, four or five years in county jail or state prison
- Substantial fines of up to $20,000
- If the transportation occurred from one county to another noncontiguous county (that is, crossing at least one county line), the potential sentence increases significantly to 3, 6, or 9 years in state prison.
- Quantity and Sentencing Enhancements (Mandatory Minimums)
HSC 11370.4 imposes mandatory consecutive sentencing enhancements if you are found with large amounts of controlled substances. This will add significant prison time and fines.
- When a controlled substance (heroin, cocaine or fentanyl) exceeds a certain weight, mandatory sentences will be enhanced:
- More than 1 kg (2.2 lb) an additional 3 years
- Weight Over 4 kg (8.8 lb), 5more years
- An additional 10 years if it is over 10 kg (22.0 lb)
- More than 80 kg (176.4 lb), a further 25 years and an $8 million fine
- Prior convictions —If you have been previously convicted of a felony for any drug offense other than simple possession for personal use, the court may impose an additional consecutive punishment of up to 3 years for each such conviction.
- Drug-free zones — If you commit the offense on the premises of or within 1,000 feet of a school, drug treatment center, or homeless shelter, it can add a consecutive sentence of 1-3 years.
- Collateral Consequences: Life-Long Impacts
A drug conviction and felony can hurt a person’s re-entry process.
- Felony record — Having a felony record will severely damage your future employment and housing applications.
- Asset forfeiture (HSC 11470) — The state can file a civil suit. If the state can demonstrate that the assets were obtained with drug proceeds or that the cash, car, or real property facilitated the crime, then the state can seize the asset.
- Professional license — If convicted of a felony, you may lose your occupational license in many situations. For example, you might not be able to retain your nursing, medical, teaching, real estate, or law license. In such cases, a professional license may be revoked. It will be revoked or denied by the state licensing boards.
- Immigration consequences — A drug trafficking conviction by a non-citizen is classified as an aggravated felony under federal law. Such a conviction makes the person removable from the United States. In addition, the person may also be inadmissible to the U.S. for life. This means that an individual in this situation would face minimal defenses against removal.
- Gun Rights: If you get convicted of a felony, you can’t own or have a gun for life.
What Proposition 47 Does
Proposition 47 (2014) changed many simple drug possession offenses (HSC 11350) from felonies to misdemeanors. However, it did not affect serious trafficking offenses. Transportation for Sale (HSC 11352) remains a straight felony: a clear signal from the courts that this is not just personal use but serious commercial conduct. However, Prop 47 provided a means for individuals convicted of certain crimes to petition the court for resentencing or re-designation, depending on the specific facts of their case.
Defenses You Can Use to Fight Transportation for Sale of a Controlled Substance
If you are facing felony drug transportation charges, you may feel overwhelmed; however, the law gives you many powerful defenses. We will focus on the key elements that the police must prove in your case, as well as the actions of the police that led to your arrest. Here are some important strategic defenses we will be pursuing for you, starting with the most important thing: your intent.
- Challenging Your Intent to Sell
To convict you, the prosecution must prove, among other things, that you transported a controlled substance of which you were aware and that you specifically intended to sell it. Challenging this required mental state is often our most potent defense strategy.
Attorneys can argue that the drugs were only for your personal use, which allows us to reduce the charge from a serious felony (Transportation for Sale, Health and Safety Code § 11352) to a simple misdemeanor (simple possession). We do this by examining circumstantial evidence such as.
- The amount of drugs (claims that the amount is for the user, not the dealer)
- You don’t have any packaging materials with you. This includes scales, baggies, or ledger sheets
- You don’t have any cash or anything else indicating drug dealing
If you can successfully dispute your intent, the felony charge will be thrown out altogether. It must significantly reduce the penalties.
- Disputing Your Knowledge of the Substance
We can also target the element of knowledge. To get your conviction, the prosecution must show you knew both that the substance was there and that it was a controlled substance.
We can argue that you lacked the requisite knowledge if there had been a third party’s actions of hiding the drugs in your vehicle, or if the drugs were concealed in regular cargo or disguised. This is known as the “lack of knowledge” defense. For example, if you got a job to move boxes because you thought they contained just everyday items, but did not know they contained drugs, you do not have the knowledge as required by the law, and a conviction cannot happen.
- Establishing a Violation of the Constitution
A motion seeking to suppress evidence under Penal Code 1538.5, likely due to a constitutional rights violation, is often the most effective way to win a dismissal, beyond attacking the elements of the crime.
Police took the physical evidence, the drugs, in violation of your Fourth Amendment right against unreasonable search and seizure. We need to show the police didn’t have reasonable suspicion for the traffic stop, didn’t have probable cause for the search [like if a K-9 was used that shouldn’t have been], or executed a search warrant unlawfully. If the court grants the motion under PC 1538.5, the drugs and “fruit of the poisonous tree” evidence that stemmed from their discovery will be unable to stand up in court. The prosecution can’t meet its burden of proof without the primary evidence. As a result, all charges against you may be dismissed.
- Exposing Police Misconduct and Entrapment
The conduct of the police and informants must also be examined closely. When the police violate your rights or commit misconduct, it can be an important defense tactic.
Any incriminating statement made by you would have to be suppressed if officers failed to advise you of your right to remain silent and right to counsel before custodial interrogation. In the same way, if we can demonstrate that you were entrapped by law enforcement, we will show that they induced you to commit a crime. California law prohibits such conduct as a due process violation when undercover agents or informants use over-the-top measures, threats, or undue persuasion.
- Utilizing Technical, Scientific, and Medical Defenses
Defence attorneys often face technical and scientific challenges. You will dispute the identification or weight of the substance. A forensic challenge can suggest that the drugs were tampered with, contaminated, or substituted after seizure and before testing. It can raise concerns about the chain of custody. Furthermore, a review of the lab results confirms that the substance was accurately identified and that the amount exceeds the legal threshold for a “usable amount” required for conviction. If the defendant has a medical need, the medical marijuana defense or other compassionate use argument will most likely be needed to mount a complicated constitutional and statutory defense to the charge, depending on the substance and circumstances.
Find a Criminal Defense Attroney Near Me
Being charged with the crime of transportation for the sale of a controlled substance can mean serious penalties. In fact, it can result in jail time and substantial fines. Given that this is a felony, a solid legal defense is necessary. Do not deal with confusing search and seizure law, required sentencing increases, and prosecutor pressure on your own. If you or a loved one is facing serious accusations, the time to act is now. Access dedicated representation that will fight to protect your future. Contact CCLG: Los Angeles Criminal Attorney immediately for a confidential consultation. Contact us at 323-922-3418.
