There’s more than one misconception regarding the sale and transport of a controlled substance in California, and it’s a serious offense. You want to know what this means, what it means to you, and how it occurs. According to Penal Code 11352 HSC from the California Health and Safety Code, you are guilty of the sale or transportation of a controlled substance if you either sell a controlled substance to anyone for any reason, and you’re guilty of transport if you move that substance from one location to another location no matter the distance between the two.
Proving Guilt in the Sale and Transport of a Controlled Substance
To prove you are guilty of either the sale or the transport of a controlled substance, the prosecutor in your case must prove severe factors. The first being that you did intend to sell a controlled substance or that you did transport it in any way, shape, or form.
– You are guilty of selling the substance, you provided it, you administered it to someone, or you gave it to someone else on purpose
– You are guilty of knowing this controlled substance was present even if it was not yours and you did not intend to transport it
– You knew the item you sold or transported was controlled
– The amount you had on hand was usable
There are a few factors you must understand. Selling a controlled substance is a little easier to understand and prove. If you exchanged a controlled substance, whether it’s legal or not, for money to someone else, you’re guilty of selling a controlled substance. It’s the transportation of a controlled substance you might have some issues understanding.
You might not even realize you’re transporting a controlled substance, and you certainly don’t have to sell it to be guilty of transporting it. In fact, you could be the buyer. You could pick up a prescription drug from someone who agreed to sell their leftovers to you so you don’t have to see the doctor and be guilty of transporting a controlled substance. If you move any substance from one location to another whether you use it, keep it, or sell it, you’re guilty of transportation of a controlled substance.
Penalties for Selling or Transporting a Controlled Substance
The sale or transport of a controlled substance is a felony offense. If you’re found guilty and charged with a felony in California, you face serious consequences. You face up to five years in prison, and you face serious fines that might reach as much as $20,000. The problem here is that’s a local transport punishment.
If the transportation of the controlled substance in question was further than two county lines, you face up to nine years in jail. Additionally, the penalties are going to be worse if you have certain factors in your situation to consider. One factor is the amount of the substance you have on you, what the substance is, if you were near a detox center, if the sale or transportation involved children, and if you have a previous record.
If you haven’t a previous conviction for any narcotics or controlled substances on your record, the court might decide you are going to end up with the lesser version of the punishment issued for this crime. If you are a repeat offender, however, you’re looking at facing a much more serious version of this crime. You’re looking at facing the maximum sentence in most California courtrooms.
Knowing what the penal code means, how it’s proven, and what it means for you is important if you even think about selling or transporting a controlled substance. It’s also a good lesson in knowing with whom you’re spending your time. You might not know the person in the car with you going to dinner has controlled substances on their person, and you might end up in jail because of this. If you know someone you spend time is selling or using drugs, think twice about going anywhere with them. Drive yourself, find new friends, or face serious penalties in the eyes of the law.