Written by attorney Randy Collins

California Sales or Transportation of a Controlled Substance

What’s Defined as California Possession of a Controlled Substance?

California laws are very strict about possession or use of narcotics. When it comes to the sales and transportation of a controlled substance, the penalties are even greater.

It’s very common for police to perform undercover or sting operations, in order to arrest a suspect. The crime has many red flags present, including many people visiting a suspected home for a short period of time, or that there were certain apparatus there, such as measuring scales.

The elements of this crime include that the offender had a controlled substance in their possession. This includes but isn’t limited to heroin or cocaine. The offender must have also been aware of the illegal nature, and that one or more of the following actions were taken:

· The offender moved the substance in a mode of transport from one destination to another

· The offender imported narcotics from another address

· The offender administered, or provided narcotics to someone else

California’s Penalties for Sales or Transportation of a Controlled Substance under Health and Safety Code 11352

This is a felony offense, which warrants either:

· Up to one year in jail and a probation, or

· Up to two, three or four years in prison

Legal Defenses for Sales or Transportation of a Controlled Substance

There are indeed numerous defenses for this crime, including mistaken identity, an invalid cause for search and seizure, police entrapment, or that the defendant was unaware of the illegal nature of the substance. While it’s harder to defend than simple possession, sales and transport of a control substance is possible to defend with the help of a skilled lawyer.

MacGregor and Collins is based in Orange County, California, and has effectively defended several types of drug trafficking cases. If you’ve been arrested for Sales or Transportation of a Controlled Substanceor a closely related crime, Call (949) 250-6097 to speak to a California defense lawyer now. We’ve set up several locations throughout Orange County for your convenience.

See a comprehensive library of California Section Penal Codes here.

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