Over the past few years the laws on the sale of marijuana in the state of California have changed a lot and the sale is now legal for both recreational and medicinal purposes. While the laws have loosened over the years, the sale is still heavily regulated. Today, California Health and Safety Code 11357.5 is a law that is in place that controls the sale of synthetic drugs in California if you do not have a license to do so.
What Does the Law Prohibit?
The California Health and Safety Code 11357.5 law prohibits the sale of synthetic marijuana. These drugs are commonly referred to as “bath salts”, “spice”, or are referred to as designer drugs. These drugs typically are sold over the black market and can be mixed with a variety of other items that can make them far more dangerous.
The law makes a number of different acts illegal when it comes to the synthetic drugs. Under the law, it is illegal to sell, distribute, furnish, administer, give, or even possess these drugs in any quantity.
What are the Drugs?
The term synthetic drugs is somewhat broad and can cover a wide variety of drugs that are sold on the black market. Overall, it is typically considered to be a fake version of marijuana. It used to be sold very legally as an herbal incense or potpourri. Generally speaking, it is sold in small foil packages that come with friendly looking images on the packages. While they can look safe for consumption, they should not be consumed due to the severe health risks that they can lead to. These drugs are known to anxiety, seizures, convulsions, and even suicide.
While there are several fake marijuana drugs available today, there are other synthetic drugs that are used to simulate the effects of other drugs. These can include synthetic alternatives to cocaine, LSD, and meth. All of these are generally a much more affordable option than the real drug, but are made with dangerous chemicals that should be avoided.
Penalties for Violation of Law
If you are found guilty of selling or holding these drugs, you can be in serious trouble tat both the state and federal level. Those that are caught with the drugs and are charged with the crime could be facing up to one year in prison and more than $1,000 in fines.
However, those that are charged with trying to sell the drug could be facing even more serious charges. Those that are charged with the intent to sell could be facing up to 20 years in prison and a fine in excess of $1,000,000.
If you attempt to bring the drug across state lines or sell it in federal buildings, you could face federal charges regardless of the size of the sale. However, most of these cases tend to be handled at the state level.
If you are charged with a violation of California Health and Safety Code Section 11375.5 hiring an attorney is a necessity. The attorney will be able to work with you to develop a defense plan that could help to see the charges dropped or see the penalties reduced to a lower level. Overall, there are many different defense strategies that an attorney may try to use to help get the charges dropped.
One of the main types of defense is to state that you didn’t know that the drug was illegal. If you are holding a very small amount of the drug, it could be easily claimed that you thought the drug was simply going to be used as an herbal essence and that it will not be consumed.
Another way to fight the charge is to identify whether or not your civil rights were violated. If you can prove that evidence against you was obtained illegally, such as if the police officers did not have a warrant when they entered your property, you can often have the evidence removed and have the charges dropped.