Sale And Transportation For Sale Of A Controlled Substance (Health & Safety Code § 11352)

Sale and Transportation for Sale of a Controlled Substance (or "Transporting") is the unlawful sale, transportation for sale, importing into the State of California, furnishing, administering, or giving away of a wide variety of illegal drugs or prescription drugs without a prescription.  Merely offering to do any of these things is also a violation of this charge. 

Examples of controlled substances include cocaine, cocaine base (crack cocaine), heroin, and prescription drugs such as hydrocodone.

If you or someone you care about is facing a drug charge, the criminal defense attorneys at the Weinrieb Law Firm can help explain the charges and properly defend against them.  We can be reached twenty-four hours a day, seven days a week at (818) 933-6555.

Elements of a Sale and Transportation for Sale of a Controlled Substance charge

The prosecution must prove the following facts to convict a defendant of selling, transporting for sale, importing into California, furnishing, administering or giving away a controlled substance (the "prohibited acts"):

  • Prohibited Act Occurred – Defendant did one of the prohibited acts
  • Knowledge – Defendant knew the controlled substance was present, even if he did not know precisely which controlled substance was present
  • Quantity – Defendant possessed an amount of the controlled substance that was enough to reasonably infer that it that it was to be sold or distributed for sale.

The prosecution must prove the following facts to convict a defendant of offering to sell, import into California or transport a controlled substance:

  • An Actual Offer – Defendant actually offered to do one of these prohibited acts
  • Intent – Defendant intended to carry out the offer

Punishments for Sale and Transportation for Sale of a Controlled Substance

Sale and Transportation for Sale of a Controlled Substance is a felony punishable by three, four or five years in state prison.

Drug treatment under Penal Code section 1000 or Proposition 36 are not available alternatives to incarceration when the charge is Sale and Transportation for Sale of a Controlled Substance.

Defenses to a Sale and Transportation for Sale of a Controlled Substance Charge

Potential defenses to a Sale and Transportation for Sale of a Controlled Substance charge will depend on the facts of the case, but may include:

  • Lack of Knowledge – Defendant was unaware that he possessed the controlled substance: for example, another person placed the substance in Defendant's bedroom, vehicle or locker, etc. 
  • Entrapment – Under California law, entrapment occurs when a "normally law abiding person" is induced to commit a crime, in this case sale and transportation for sale of a controlled substance, that he otherwise would not have committed
  • Unlawful Search and Seizure – Law enforcement found the controlled substance as part of an unlawful search or seizure of Defendant's person or premises under his control
  • Lack of Intent to Carry Out an Offer to Sell – Defendant's offer to sell was made under duress, as a joke, or defendant otherwise lacked a true intent to carry out the offer

Contact Us

If you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at the Weinrieb Law Firm.  We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, or through the confidential and secure email form on the firm's website at www.VWattorneys.com.

 

 

 

 

 

 

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