California's Hs 11352 A Law: History And Implications

California Health and Safety Code § 11352(a) makes it a felony to sell, transport, furnish, administer, or import a controlled substance. The statute covers all three drug schedules (Sections 11054, 11055, and 11056) and was amended in 2014 to specify that transport means to transport for sale. The law carries penalties of up to 9 years in prison and/or fines of up to $20,000.

What does California's Health and Safety Code § 11352(a) prohibit?

California's Health and Safety Code § 11352(a) prohibits the transportation, importation, sale, furnishing, administering, or giving away of any controlled substance or narcotic drug without a valid prescription. This includes drugs such as heroin, peyote, cocaine, opiates, hallucinogens, GHB, hydrocodone, and codeine. The code also prohibits offering or attempting to engage in any of these activities.

The code specifically mentions substances specified in various subdivisions of Sections 11054, 11055, and 11056, as well as Schedule III, IV, or V narcotic drugs. These substances are regulated by the state, and their sale or transportation is strictly controlled.

The code is designed to target drug crime offenses and carries penalties of imprisonment for three, four, or five years, with potential fines of up to $20,000. The definition of "transportation" under this code has been a contentious issue, as even a small distance of movement can constitute transportation, and the intent to sell is not always required.

To secure a conviction under this code, prosecutors must prove beyond a reasonable doubt that the defendant engaged in one of the prohibited activities, knew about the presence and nature of the controlled substance, and that the substance was in a usable amount (with the exception of sales, which do not require a usable amount).

What are the penalties for violating Health and Safety Code § 11352(a)?

Health and Safety Code § 11352(a) HS makes it a felony offense to sell, transport, furnish, administer, or import a controlled substance. If convicted, penalties include up to 9 years in jail or prison and fines of up to $20,000. The basic potential penalties for a first offense are:

• Felony (formal) probation
• 3, 4, or 5 years served in county jail under California's realignment program—or 3, 6, or 9 years in jail if you are found to have transported controlled substances for sale across two or more county lines within California
• A fine of up to $20,000

The statute applies to drugs such as heroin, peyote, cocaine, opiates, some hallucinogens, GHB, hydrocodone, and codeine.

Aggravating factors and sentence enhancements for things like selling drugs to minors or transporting certain quantities of drugs can greatly increase both the jail sentence and the maximum fine. For example, if the controlled substance is or contains heroin, cocaine or cocaine base, and weighs more than eighty kilograms, the additional jail sentence is 25 years.

If you have at least one prior felony conviction for a drug crime (other than for personal use), then you face an additional and consecutive three years in jail for each such prior conviction.

The judge in your case is likely to impose the harshest of possible jail or prison terms if you knew or reasonably should have known that you were selling, furnishing, administering or giving away drugs to an individual who had previously been convicted of a violent felony or was being treated for a mental health disorder or a drug problem.

Non-US citizens convicted under Health and Safety Code 11352 HS may also face deportation.

What must the prosecution prove to convict someone of violating Health and Safety Code § 11352(a)?

To convict someone of violating Health and Safety Code § 11352(a), the prosecution must prove the following elements of the crime, as outlined in the CALCRIM 2300 Jury Instructions:

• The defendant sold, furnished, administered, gave away, transported, or imported a controlled substance.
• The defendant knew of the drug's presence.
• The defendant knew of the substance's character and nature as a controlled substance.
• There was a usable amount of the drug.

The prosecutor must prove these elements beyond a reasonable doubt to secure a conviction.

Additionally, there are some threshold inquiries that must be satisfied before a prosecutor can pursue a criminal case under HS 11352:

• Can selling or transporting the controlled substance be proven?
• Was there a usable amount of the controlled substance?
• Is the substance prohibited by law?

These threshold inquiries are crucial in establishing the prosecutor's case and determining whether the defendant's conduct is covered under the Health and Safety Code § 11352(a).

What are some defences against a charge of violating Health and Safety Code § 11352(a)?

Defending against a charge under California Health and Safety Code 11352(a) will require attacking the elements of the offense to hinder the prosecution's ability to prove the case beyond a reasonable doubt. Here are some common defences:

• Police Misconduct: Police officers must investigate crimes within the authority granted to them by law. If they have overstepped their authority in an attempt to arrest or charge a person, they may be liable for a civil rights lawsuit.
• No Knowledge: The defence can assert that the defendant did not have knowledge of the drug's presence or its illegal status.
• Fourth Amendment Violations: The defence can argue that an illegal search and seizure occurred in violation of the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures.
• No Intent: The defence can argue that the defendant did not have the "intent" to carry out the alleged actions, such as selling or transporting drugs. This lack of intent can be based on fear, duress, or a joke.
• Mistaken Identity: This defence asserts that the defendant was misidentified and had no involvement in the illegal drug activity.
• Entrapment: This defence can be used when law enforcement coerces or lures an otherwise law-abiding person into committing a crime. However, entrapment is challenging to establish as it requires proving extreme and coercive conduct by law enforcement.
• Personal Use: The drugs were for personal use and not intended for sale or distribution.
• Lack of Usable Amount: Arguing that there was not a "usable amount" of the controlled substance, meaning it was not sufficient for the intended drug effect.

These defences can be effective in reducing or dismissing charges related to violating Health and Safety Code § 11352(a). It is important to note that the specific defences applicable to a case will depend on the unique circumstances and evidence involved.

What are the elements of the crime of violating Health and Safety Code § 11352(a)?

To be convicted of violating Health and Safety Code § 11352(a) in California, several elements must be proven beyond a reasonable doubt.

Firstly, it must be proven that the defendant did one of the following with a controlled substance covered by this law:

• Furnished it (by any means, including sale)
• Administered it (i.e., caused another person to use the drug by injection or another means)
• Transported it for sale
• Imported it into California
• Offered to do any of the above

Secondly, the defendant must have known of the drug's presence and its nature or character as a controlled substance.

Thirdly, if the defendant is accused of transporting the controlled substance for sale, it must be proven that the substance was in a "usable amount."

The controlled substances covered by Health and Safety Code § 11352(a) include, but are not limited to:

• Opiates and opiate derivatives
• Cocaine (including cocaine base)
• Gamma-hydroxybutyric acid ("GHB")
• Certain prescription drugs such as oxycodone ("Oxycontin"), codeine, and hydrocodone ("Vicodin")

"Transporting" drugs means carrying or moving them from one location to another, even if the distance is short. This can be done by riding a bicycle or using other means of transportation like a car or plane.

It is important to note that a person is guilty of transporting a controlled substance only if their intent was to sell the drugs eventually. If the drugs are transported for personal use, the person can be charged with simple possession under Health & Safety Code § 11350 instead.

Additionally, a person is guilty of transporting drugs only if a "usable amount" is transported. Trace amounts, like drug residue, do not count. This "usable amount" requirement applies only to transporting controlled substances and not to selling them.

Offering to sell, furnish, transport, administer, or give away controlled substances is also prohibited under Health and Safety Code § 11352(a). However, a person is guilty of this offense only if they intended to follow through on the offer.

Frequently asked questions