Sale And Transportation For Sale Of Methamphetamine (Health & Safety Code § 11379)
Sale and Transportation for Sale of Methamphetamine (or "Transporting") is the unlawful sale, transportation for sale, importing into the State of California, furnishing, administering, or giving away of methamphetamine. Merely offering to do any of these things is also a violation.
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 Methamphetamine 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 methamphetamine (the "prohibited acts"):
- Prohibited Act Occurred – Defendant did one of the prohibited acts
- Knowledge – Defendant knew the substance was methamphetamine and the substance was actually methamphetamine
- Quantity – Defendant possessed an amount of methamphetamine that was enough to reasonably infer 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 methamphetamine:
- 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 Methamphetamine
Sale and Transportation for Sale of Methamphetamine 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 Methamphetamine.
Defenses to a Sale and Transportation for Sale of Methamphetamine Charge
Potential defenses to a Sale and Transportation for Sale of Methamphetamine charge will depend on the facts of the case, but may include:
- Lack of Knowledge – Defendant was unaware that he possessed methamphetamine: for example, another person placed methamphetamine 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 methamphetamine, that he otherwise would not have committed
- Unlawful Search and Seizure – Law enforcement found the methamphetamine 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 UsIf 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.