Under California HS 11352, any person who transports, offers to transport, imports, sells, furnishes, administers, or gives away controlled substances as specified in Sections 11054, 11055, and 11056, or any Schedule III, IV, or V narcotic without a valid prescription, is subject to imprisonment.
Elements the Prosecution Must Prove
To convict a defendant under HS 11352, the prosecution must establish:
- Unlawful transport, import, sale, or offer to sell a controlled substance.
- Knowledge of the substance’s presence.
- Knowledge of the substance’s nature as a controlled substance.
- The controlled substance was in a usable amount.
Controlled Substances Covered
This statute includes any drug regulated under the United States Controlled Substances Act. Common controlled substances include:
- Heroin
- Cocaine
- Ecstasy
- LSD
- Opium
- Marijuana
- Prescription medications without a valid prescription
What Counts as Transportation?
Transportation includes any act of moving a controlled substance from one location to another. The law does not require any specific method of transport.
Usable Amounts
The amount of the controlled substance must be sufficient for individual use. Mere traces, such as residues on baggies or foil, are generally insufficient. The fact finder determines if the quantity is usable.
Frequently Asked Questions (FAQ)
Can you be charged if you didn’t know about the drugs?
No. Knowledge of the substance’s presence is required. For example, if you borrow a friend’s car and the police find drugs in the trunk that you didn’t know about, you cannot be convicted.
Can I be convicted for prescription medication?
Yes. HS 11352 includes both legal and illegal drugs. Transporting a prescription drug without a valid prescription can result in conviction.
Possible Defenses
An experienced attorney may raise several defenses, such as:
- Lack of control or possession
- Momentary possession
- Lack of knowledge
- Valid prescription
- Failure to follow proper police procedures
Every case is unique. Attorneys at LAWSTACHE LAW FIRM focus on drug-related cases. Call 619-357-6677 to discuss your case.
Related Drug Crimes
- Possession of a Controlled Substance in California | HS 11350 (a)
- Possession of a Controlled Substance with Intent to Sell | HS 11351
- Transportation for Sale of a Controlled Substance | HS 11352
- Possession of Marijuana | HS 11357
- Marijuana Cultivation, Harvest, Plant | HS 11358
- Possession of Marijuana for Sale | HS 11359
- Marijuana Sale, Giving Away, Transportation | HS 11360
- Possession of Drug Paraphernalia | HS 11364
- Possession of Methamphetamine (Meth) | HS 11377
- Manufacturing a Controlled Substance (Marijuana, Hash Oil, etc.) | HS 11379.6(a)
- Transporting Marijuana Across International Border (US-Mexico)