Have You Been Charged with Drug Trafficking in California?
Most people, when they hear about drug trafficking, imagine a large scale operation of transporting drugs. However, in reality, you can get arrested for drug trafficking simply by walking across the street and having an illegal drug in your possession.
Therefore, you need to know what you’re facing when you’re arrested for this offense. California takes a dim view of people who transport and sell drugs, so you need to know what you’re up against.
How Does the Law Define Drug Trafficking in California
Under California Health and Safety Code 11352, the sale and transport of controlled substances is illegal. To further define the law, below are examples of what it means to traffic and sell illegal drugs:
- Selling, furnishing, or administering drugs or giving drugs away, transporting them for sale, or importing illegal drugs into the state.
- Knowing that a drug is a controlled and illegal substance.
- Possessing a “usable” amount of the drug.
Basically, the 11352 code prohibits the sale or movement of drugs in any way, shape, or form. Drug trafficking therefore can include using a bicycle or car to transport drugs, or selling them on foot. Therefore, you can face a felony charge by selling a small amount of drugs to an acquaintance or friend.
U.S. Drug Trafficking Federal Investigations
Federal authorities may become involved in an investigation for the transport of drugs if one of more of the following incidents apply:
- The suspicion exists that drugs are being moved across a state or over state boundaries.
- Drug sales are taking place where federal authorities have increased surveillance because of a high level of drug activity. These areas are known as High Intensity Drug Trafficking Areas (HIDTAs)
- Large amounts of methamphetamine are suspected of being moved during drug transport.
When facing trafficking charges for drugs, the penalties are determined by the volume of drugs trafficked and sold or whether injuries or deaths occurred because of the activity. Penalties may range from a five-year prison sentence to life in a penitentiary and steep fines – some that start at $5 million.
California’s HS 11352: What Drugs It Covers
Some of the primary drugs covered under HS 11352 include the following controlled substances:
- Cocaine
- Gamma-hydroxybutyric acid or GHB
- Opiates
- Heroin
- Peyote
- LSD
In addition, certain prescription drugs are included, such as oxycodone (Oxycontin) and the brand, Vicodin (hydrocodone). While the code does not cover the sale and transport of methamphetamine or marijuana, other codes do cover the substances.
Examples of HS 11352 Charges
Let’s say you’re arrested for breaking the law under HS 11352. In this case, you may be charged with drug trafficking and selling if you do the following:
- Selling a friend a bottle of Vicodin to make some additional money.
- Selling peyote that you grow yourself to a neighbor.
- Transporting heroin or cocaine to another location for a friend who is a drug dealer.
The two primary classification under HS 11352 then includes transport of a controlled substance and selling or furnishing the drug.
Drug Transport: How It Is Defined
In the most basic terms, transporting a controlled substance involves the movement or the carrying of illegal drugs from one place to the next. So, even if you only walk a couple feet and sell a drug, you can still be arrested for trafficking. Whether you’re riding a bike, operating a car, landing a plane, or walking, all these forms of transport are covered under drug trafficking.
To be convicted of drug trafficking charges then, the prosecution must show that you intended to sell the drug and that you had a usable amount in your possession. Transporting a trace amount of a drug does not count as an HS 11352 violation.
You can still be charged with selling a controlled substance, even if you give away the drug for free. That is why it is in your best interest to consult with a drug crimes defense lawyer right away.
Plus, you don’t need to handle drugs personally to get arrested for trafficking. You can still be found guilty if you have constructive possession. This means you can still be convicted if you paid someone to transport the controlled substance or you were paid upon delivery.
Related Drug Charges
The transport of marijuana falls under the state code HS 11360, which also covers selling or furnishing the drug or giving it away for free. This type of penalty could lead to a three or four-year term in jail.
For the transport of methamphetamines, you may be convicted under code HS 11379. This law covers drug trafficking of methamphetamines, such as MDMA (known as “ecstasy”), ketamine, and PCP. Most of the arrests involve users.
Drug trafficking comes in various forms, so you need to take your case seriously and obtain legal help right away. Because California has strict drug laws, you need to work with a lawyer who understands how to support your concerns when you’re arrested for trafficking and/or selling drugs.
Who to Contact in California About Drug Trafficking Charges
In California, contact the law firm of Jance M. Weberman. You can call the firm now at (213) 386-9100. If you have been convicted of any drug crimes, you need an experienced drug crimes defense lawyer on your side. Make sure your legal representation places a priority on your defense and a positive resolution of your case.