Transporting a controlled substance in California is a serious crime, and both federal and state laws strictly regulate it. California’s Health and Safety Code 11352 makes transporting, selling, or distributing controlled substances illegal. If you are caught transporting a controlled substance with the intent to sell, you could be looking at lengthy prison sentences and significant fines. The penalties vary depending on the type and quantity of the drug found in your possession and any prior criminal history.
Often, possession could be simple possession. However, in this case, these charges address possession with intent to distribute, and the penalties are far harsher. Prosecutors will use the quantity of the controlled substance to show an intent to sell in your transportation case.
Fighting charges for transporting controlled substances for sale is complex, and that is why you need legal assistance. If you are charged with transporting controlled substances, we at the Pasadena Criminal Attorney are ready to fight for you. Our team will safeguard your rights and build a strong defense.
Transportation for Sale of a Controlled Substance Under California Law
Health and Safety Code (HSC) 11352 sets a specific threshold for what it means to transport a controlled substance. These are the elements prosecutors must prove in court for the jury to return with a guilty verdict. These include the following:
- You must have actively sold, furnished, administered, given away, transported, or imported a controlled substance. All these activities point to you moving the substance.
- You must know the presence of the controlled substance, its nature, and its character. That means you knew you were dealing with a controlled substance.
- You intended to sell the controlled substance, or at least understand that it would be sold. This establishes your reason for transporting the substance.
- The controlled substance must be in a usable quantity, which is the amount that can be consumed or sold.
The state must prove each of these elements beyond a reasonable doubt. They have to present compelling evidence to show that you are guilty with regard to the above aspects.
Now, let us take a closer look at these elements in detail.
Transporting a Controlled Substance
Transporting controlled substances is more than just moving illegal drugs. It includes several acts indicating an intent to distribute or transfer those substances. Transporting a controlled substance means taking it from one place to another. Delivery may be by vehicle, postal service, or personally. However, each method has different legal implications.
To move the substance in question, you have to knowingly and intentionally move it. You have to be aware of its nature and its presence. For example, if you drive a car with controlled substances in it and you are aware they are controlled substances, you meet the definition of transporting by simply driving. Similarly, sending controlled substances by mail or commercial carriers also shows a conscious decision to transfer them.
Transportation is defined by intent. Handing over a controlled substance to someone else is not only moving it. It also shows an intention to distribute. If you sell or give away the substance and there is evidence of this, you will face harsher penalties.
Transportation also includes storing controlled substances because it shows you intend to distribute them later.
Controlled Substances
California law, Health and Safety Code 11054, classifies controlled substances into five schedules based on risk of abuse, medical value, and dependency potential. This classification, in turn, determines how the state deals with crimes involving these substances, including possession and, to some extent, transportation.
Schedule I drugs have no accepted medical use and possess the highest risk of abuse. These drugs are under stricter regulation. They include heroin, LSD, and MDMA. Cannabis is legal in California but remains on Schedule I under federal law.
Schedule II drugs, including cocaine, methamphetamine, and oxycodone, have medical uses and are very dangerous for people to become addicted to. The high potential for abuse means they are highly regulated, even though they have legitimate medical uses.
While Schedule III drugs like anabolic steroids and codeine-containing medications have a lower risk for abuse and addiction, moderate dependence concerns exist. Therefore, the drugs must be subject to controlled use. They are more accessible under specific guidelines and are more medically beneficial.
Xanax and Valium are examples of drugs under Schedule IV. They have a low risk of abuse and are often prescribed for legitimate medical purposes. However, the risk is far less than with higher-schedule drugs, and dependence is highly likely.
Schedule V drugs are the least likely to be abused. Certain cough syrups with little codeine in them have a well-established medical benefit and little risk of dependency.
Knowledge of the Drugs
Prosecutors must prove that you were aware of the drugs in question and that they are controlled substances. They can use different forms of evidence to support their claims to show your knowledge and intent.
One key piece of evidence is prior drug convictions. If you have been charged with a drug offense in the past, a pattern of this can indicate familiarity with illegal substances. It also implies you knew what the drugs you were said to be transporting were. Your criminal record helps support the prosecution's assertion that you had some knowledge that the substances were controlled.
Furthermore, records of previous drug use can further establish your knowledge. This means that if you have a documented history of substance use, you understand the effects and classifications of different drugs. This background helps the court know that you understand what drugs were involved in your case.
Prosecutors will also rely on your confession. A confession can be compelling evidence made to law enforcement or in other settings. This statement is convincing if you admitted to having the drugs and knew they were controlled.
Usable Amount
In the transportation of controlled substance cases, a usable amount is crucial. The state must show that you had a quantity greater than negligible. Thus, the amount of the substance must be significant enough to be consumed or sold. This threshold will show that you possessed a trace amount of the substance sufficient for illegal distribution.
The law does not care about the purity or dilution of the substance when the state assesses whether you have a usable amount. The focus remains on whether the quantity is deemed usable, regardless of the concentration. This means that, depending on where you stand, they can be both a highly potent substance and a diluted version that still meets the legal definition of a usable amount if they exceed the threshold.
The type of controlled substance used determines how much of a usable amount can be. For example, how much marijuana is usable is different from opioids or stimulants. The legal side focuses on whether you had enough of the substance to be charged with trafficking or distribution. The quantity may be too small to support a charge for transportation because it may be considered insignificant for consumption and sale.
Having a usable quantity has implications for your case. It establishes a stronger case that you intended to distribute or sell the substance rather than just possessing it for personal use. If law enforcement finds a small amount in your vehicle below the usable threshold, prosecutors will have difficulty proving intent or distribution.
Can You Be Convicted of Transporting Controlled Substances Without Being Involved in Selling the Substance?
You do not have to have been directly involved in the sale of the controlled substances to face charges of transporting them with the intent to sell. Knowing their nature, the primary focus is whether you moved or helped move the drugs. Even if you did not conduct the transaction, if the prosecution can prove that the drugs were going to be sold, you could still find yourself in serious legal trouble.
Transporting the substances alone, combined with the intention to distribute, carries weight in court. Your case is much more serious because it could result in additional charges, including drug trafficking or possession for sale. If you transported the drugs across jurisdictions or more significant quantities were involved, these added charges can automatically result in harsher penalties. You could also face federal charges if you transported the substances across state lines.
Consequences of Transporting Controlled Substances in California
Transporting a controlled substance is a felony in California, and if you are convicted, you can face serious consequences. A first-time conviction can have severe penalties, including:
- Jail time — You could spend 3, 4, or 5 years in county jail. The length of your sentence depends on the facts of your case and aggravating factors, if any. Further, you will serve a jail sentence and not a prison sentence because of the state’s realignment program.
- Fines — You could be fined up to $20,000
- Probation — You may be sentenced to felony probation or supervised release under strict conditions instead of jail time.
These penalties increase if there are aggravating factors in your case in the following ways:
- If you are transporting controlled substances across county lines, your jail time can range from 3, 6, or 9 years.
- Transporting heroin, cocaine, or cocaine base within 1,000 feet of a drug treatment center, detox facility, or homeless shelter will attract an extra year to your sentence.
- Having prior convictions makes the consequences even worse. Every prior conviction for transporting drugs increases your sentence by three consecutive years.
The penalties get even more pronounced if you transport large quantities of controlled substances. The amount you transport for substances like heroin or cocaine directly determines your state prison sentence and also increases your fines. There are specific thresholds, namely:
- If you have 14.25 grams or more of heroin, you are not eligible for felony probation.
- For transporting large quantities of cocaine, heroin, or cocaine base, the penalties increase as follows:
- Anything over 1 kilogram, 3 years
- More than 4 kilograms, 5 years
- For exceeding 10 kilograms, 10 years
- Anything over 20 kilograms 15 years, and 20 years for transporting more than 40 kilograms
- For amounts over 80 kilograms, 25 years
In addition to the increased prison time, the fines increase, too, escalating from $1,000,000 up to $8,000,000, depending on the amount involved.
Defenses You Could Use in Your Transportation for Sale of A Controlled Substance Case
You have a chance to fight the felony charges with a good defense. Given the circumstances, your case will be evaluated by your attorney, but the defense will be centered on the details of your case. The particular facts and evidence dictate the defense approach in your case. This ensures that your attorney presents the best arguments on your behalf. With the right defense strategy, securing a reduction in or outright dismissal of your charges is possible.
Illegal Search and Seizure
The Constitution protects you against illegal search and seizure. Asserting a violation of this fundamental right can be a very important defense in transportation cases. You can contest the charges if you are charged with a crime and officers search you without a warrant or probable cause. Any evidence obtained by law enforcement during an unlawful search on your person or property will be thrown out since law enforcement officers violated your rights.
Challenging the transportation charges on these grounds can weaken the prosecution’s case. Without key evidence, like drugs found during the illegal search, the case against you could fail. If your attorney can argue that your constitutional rights were violated and that any evidence obtained illegally should be excluded from trial.
You Are a Victim of Police Misconduct
If police officers engage in misconduct, like fabricating evidence, you have grounds to challenge the charges. When law enforcement officers falsify evidence to justify the charges, your rights are violated, and the legal process's fairness is undermined. Misconduct of this kind may result in charges being dropped, or the penalties you face will be significantly reduced.
Your attorney will examine all available evidence, including how and why the officers acted as they did. Any sign of tampering or falsehood can be used to question the prosecution’s narrative. If your attorney can prove that officers planted drugs or manipulated records to frame you for transporting controlled substances, then the whole case is built on fabricated evidence, not truth.
Challenging this misconduct protects you from wrongful conviction and holds law enforcement officers accountable for their actions.
You Were Entrapped
Your attorney can also argue that you were entrapped as a defense. Entrapment occurs when police officers induce you to commit a crime you would not have committed otherwise. This defense points to the overreach of law enforcement and how they coerced you into committing illegal behavior.
When using this defense strategy, you have to prove two critical things:
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You have to show that government agents persuaded or pressured you into committing the offense — Tactics could include actions beyond reasonable enforcement practice or manipulative or deceptive tactics designed to induce you to believe you had no choice but to commit the crime.
For example, if undercover officers created a situation where committing the illegality is almost unavoidable, this would help your entrapment claim. Suppose you were approached by an undercover officer in a public space talking to you about the urgent need for drugs. The officer could make up a situation where they say they need some drugs for a friend or relative in critical condition. They apply pressure by suggesting that you are the only one that can get them the drugs.
However, if you agree to transport and give the drugs only because of the officer’s manipulation and coercion, this would ultimately help with your entrapment defense. You did not intend to commit any illegal activity beforehand. The officer’s actions forced you into a corner. Law enforcement could cross the acceptable limits from mere persuasion to coercion, and your defense team will argue that. That could weaken the prosecution’s case against you significantly.
- You then have to show that you had no predisposition to commit the crime before the government’s involvement. Your attorney will argue that you never had the intention or even inclination to commit the crime without the influence of law enforcement. However, a history of other similar offenses could undermine your defense since the prosecution will argue you were already inclined to commit the crime if given the chance.
You Were Unaware of the Drugs
You could argue that you did not know what the substance was. This defense is predicated on showing that you did not knowingly transport an illegal substance, and thus, you did not have the intent (the mental state) to commit the crime.
If someone gave you a package and said it contained legal items like herbal supplements, and you had no reason to doubt them, you could say you did not know the package contained a controlled substance. In cases like this, your belief that the substance was legal would be the basis of your defense. This argument also works if you had no idea the substance was illegal. Misleading statements from someone you trusted help support this argument.
However, to succeed with this defense, you must prove that your lack of knowledge was reasonable. There are times when courts will expect you to be cautious, especially when handling substances. Your argument weakens if there were signs that should have made you suspicious, like unusual packaging or previous knowledge about similar substances.
You Had a Valid Prescription
You can argue that you had a valid prescription as a defense. With this strategy, you could further assert that your possession and use of the drug were legally protected, especially if a licensed medical professional prescribed the drug to you. However, the medication should only be for your personal use. You can also assert that when transporting the prescribed drug, you acted lawfully and were not interested in illegal distribution.
However, the trouble comes if the prosecution can show that you intended to sell the substance. For example, if the current amount of the controlled substance is more significant than the prescribed amount, or if other objects like money or packaging agents were found, authorities may conclude that they were selling despite your prescription. Your claim could also be affected by the condition of the drugs, for example, if the drugs were not stored in their original prescription dispensing container.
You never intended to sell the drugs
Your attorney can argue that you did not intend to sell the drugs and that they were only intended for personal use. This defense allows your attorney to shift the premise from distribution to possession, thereby substantially reducing penalties. The sale of controlled substances by transportation attracts harsh penalties. Nevertheless, if the court agrees that you only possessed the drugs for your own use, the charges could be reduced to simple possession, generally yielding less severe sentences.
Find a Drug Crimes Defense Attorney Near Me
Being charged with transporting a controlled substance can be very serious and can result in lengthy prison sentences, hefty fines, and a permanent stain on your reputation due to a criminal record. California has some stringent laws about drug offenses, and if prosecutors prove you had the intent to sell, the penalties can become even more severe. These accusations can tarnish your personal life and make it hard for you to secure employment and housing in the future.
However, being charged does not mean you are convicted. These are serious allegations against you and you have the right to mount the defense. By using an ideal legal strategy, you can call into question essential elements of the prosecution’s case, including the evidence underpinning the intent to sell or the legal basis for any searches that were made.
During this pivotal moment, you need to have the help of a knowledgeable attorney. At Pasadena Criminal Attorney, our experienced attorneys will provide you with the needed expertise and strategies to defend you against the charges leveled against you. Do not navigate these charges alone. Contact us today at 626-689-2277 and let us help you determine the ideal defense strategy based on your circumstances as we work to secure the best legal outcome.
