California Health and Safety Code 11352 HS prohibits selling, distributing or transporting certain controlled substances, including, but not limited to:
- LSD, and
- Commonly prescribed opiates such as codeine, oxycodone (Oxycontin) and hydrocodone (Vicodin).
Examples of HS 11352 violations
Here are a few examples of selling or transporting drugs in violation of California Health and Safety Code 11352:
- A college student selling cocaine to his classmates to make pocket money;
- An unemployed welfare mom agrees to drive heroin from one drug house to another for a local drug dealer to supplement her income to make a few thousand dollars;
- A man give to some of his friends some peyote that he has cultivated himself at a frat party.
HS 11352 penalties are very severe even under Realignment
Selling or transporting drugs under HS 11352 is a California felony.
Consequences under Health and Safety Code 11352 normally include:
- Three (3) to nine (9) years in jail, and/or
- a fine of up to twenty thousand dollars ($20,000).
- Aggravating factors and sentence enhancements are often added by prosecutors for selling drugs to minors or transporting certain large quantities of drugs. These aggravating factors or bad facts can greatly increase both your jail sentence and the maximum fine.
Legal defenses to HS 11352
Fortunately, for you the very experienced and highly skilled criminal defense attorneys at Fiumara & Milligan Law, PC are familiar with the many legal defenses to Health & Safety Code 11352. As with other California drug crimes, these defenses may include:
- The drugs were for your personal use only;
- You didn’t offer to sell or transport drugs;
- Your intentions were misunderstood and communication issues;
- The drugs were found during an illegal search and seizure;
- There was entrapment or other police misconduct. The drugs were planted by law enforcement, the police informant, or another guilty party not you…
When you are facing substantial jail time, you ought to consider:
- Always a Free Consultation at Fiumara & Milligan, Law PC
- Please feel free to call North Bay attorneys at Fiumara & Milligan Law, PC 24/7 at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential consultation to keep you out of jail. If you call after hours, our operators will gladly connect you to one of our experienced and compassionate attorneys 24/7.
- “The Right Attorney Makes All the Difference.”