California Health and Safety Code Section 11352: Sale Or Transportation Of A Controlled Substance
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1. Definition and Criminal Elements
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California law has much stiffer penalties for the sale and distribution of controlled substances than for merely possessing or using controlled substances. Selling or transporting a controlled substance in the state of California is a felony offense prosecutable under Section 11352 of the California Health and Safety Code.
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A prosecutor must establish and prove each of the following elements to convict a defendant of selling or transporting a controlled substance under this statute:
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(1) A controlled substance was administered, sold, given away, furnished, transported or imported into the state of California a by the defendant;
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(2) The defendant had knowledge of the presence of the controlled substance;
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(3) The defendant had knowledge of the substance was a controlled substance; and
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(4) The controlled substance in question was in a usable quantity.
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Under the statute, a defendant is deemed to have “transported” a controlled substance when the defendant moves or carries the substance from one location to separate location, even if the distance between the two locations is short. There is no requirement that the prosecutor prove the defendant had intent to distribute or sell the controlled substance when the prosecutor seeks a conviction for transporting a controlled substance, nor must the prosecutor prove personal possession.
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2. Related Offenses
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Selling or transporting a controlled substance is an offense similar to the following offenses in the state of California:
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California HSC Section 11350 – possession of a controlled substance
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California HSC Section 11351 – possession for sale of a controlled substance of a Controlled Substance –
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California HSC Section 11377 through 11379 – Possession, Sales and Transportation of methamphetamines
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3. Examples
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Example A: The defendant owns a vehicle, and a friend asks the defendant to assist him with a drug deal. The defendant was paid by his friend to carry 10 kilograms of a controlled substance from his hometown to a neighboring town. The defendant never purchased the controlled substance, nor did he sell the controlled substance to others. The defendant can still be charged and prosecuted under California HSC Section 11352 for transporting a controlled substance. The fact that he assisted in transporting the controlled substance is enough to violate this statute.
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Example B: Similar to the facts of Example A, but the defendant merely entered into a contract to transport unspecified materials for a business associate. He believed he was transporting office furniture, but in fact, was transporting a controlled substance from one city to another, as the controlled substance was hidden in the drawers of the office furniture in question. The d\n\n
