Drug sales or distribution, also known as drug trafficking is commonly prosecuted under Health & Safety Code section 11379. This is usually seen with the sales and distribution of methamphetamine. However, this code section does not cover the sales or distribution of other substances such as cocaine, heroin, or marijuana.
Health & Safety Code section 11352 prohibits the sale or distribution of certain controlled substances, including cocaine, heroin, LSD, peyote, and commonly prescribed drugs such as oxycodone (commonly known as Oxycontin), codeine, and hydrocodone (commonly known as Vicodin). Health & Safety Code section 11352 prohibits an individual from selling these controlled substances, transporting these controlled substances with the intent to sell them, furnishing, administering, or distributing these drugs to other individuals, or offering to do any of the afore-mentioned acts. Since 2014, transportation of any of these controlled substances is no longer prosecuted under this code section if the amount of the substance is merely an amount sufficient for personal use. In that instance, the crime would be prosecuted as a simple possession charge under Health & Safety Code section 11350. The current state of the law under Health & Safety Code section 11352 requires that you transport the controlled substance with the intent to sell or distribute them.
The sale or distribution of these controlled substances under Health & Safety Code section 11352 is a felony offense and carries with it three to nine years in state prison and up to a $20,000 fine. There are enhancements and increased penalties, however, for larger amounts of the substance or in instances of selling or furnishing to a minor. Many times, the prosecution will file this charge, however, even if there is a valid defense, such as the drugs were merely for personal use, there was no offer to sell or transport, or they were located during an unlawful search and seizure. In these instances, an experienced Temecula drug sales attorney would be able to file a motion to suppress the evidence and potentially get your charges dismissed or reduced.
The sale, distribution or transportation of marijuana is covered under Health & Safety Code sections 11359 or 11360. Until 2016, these crimes were prosecuted as felonies. However, the sale, distribution and/or transportation of marijuana in California is now prosecuted as a misdemeanor offense. The reduction of these crimes from felonies to misdemeanors not only reduces the charges themselves, but also reduces the exposure each charge carries. For instance, the crime of possession for sales of marijuana pursuant to Health & Safety Code section 11359 previously carried with it a sentence of 16 mos, two years, or three years in state prison. However, now as a misdemeanor, this charge only carries with it up to one year in local county jail. Similarly, the crime of sales or transportation of marijuana pursuant to Health & Safety Code section 11360 previously carried with with a sentence of two, three or four years in state prison, however, now with the passage of Proposition 64, the crime has become a misdemeanor offense.
If you or a loved one is charged with a sales or distribution drug offense, contact a skilled drug sales attorney at the Law Offices Of Parwana Anwar, PLC today for your free consultation.