The penalties for a conviction of California Health and Safety Code § 11352 can be severe, especially so for those with prior drug offenses. If you have been charged with or are being investigated for such a crime, it is important to consult with an experienced Santa Ana criminal defense attorney to understand the nature of the charges against you and any potential defenses.
Substances Prohibited under HS 11352
HS 11352 applies to only certain controlled substances such as:
- Cocaine
- Heroin
- Peyote
- LSD
- Certain opiates
Thus, other drugs, like methamphetamine or marijuana, for example, are addressed by other code sections but are not relevant under 11352.
Prohibitions
To be found guilty of HS 11352 you must have committed one of the following acts:
- Sold the controlled substance
- Transported the controlled substance with the intent to sell it
- Furnished or administered the controlled substance to another person
- Gave the controlled substance to another person
- Offered to do any of the above
In conjunction with one or more of these activities, it must also be proved you knew of the controlled substance’s presence, you knew of its nature or character as a controlled substance and there was a usable amount of the controlled substance if the allegation is that you were transporting it for sale.
Defenses
Each case is unique and requires a thorough investigation by your Santa Ana criminal defense attorney, but some of the possible defenses that could lead to a dismissal or reduction of the charges against you include:
- Motions to suppress evidence: the nature and circumstances of the initial police contact is always relevant in a criminal case. If you were stopped and searched in violation of the 4th Amendment, for instance, the resulting evidence against you can be challenged. A threshold inquiry is whether law enforcement had a valid search warrant or did circumstances exist that created an exception to a warrant requirement.
- You did not “transport” the controlled substance: it was once true that transportation for personal use was illegal under HS 11352, but now transportation must be for sale. Nonetheless, this issue of why and for what purpose the substance was transported is pivotal in many cases.
- Knowledge: it must be proved you were aware of the presence of the substance and what it in fact it was.
- False information: prosecutors often build their cases on information provided by informants who may have questionable motivation.
- Entrapment: if you were coerced or lured into criminal activity, you may have a defense.
