Health and Safety Code 11352 governs drug crime offenses in which a person sells, furnishes, administers, transports, or imports illegal drugs into California. Drugs regulated by 11352 HS include, heroin, peyote, cocaine, opiates, some hallucinogens, GHB, hydrocodone, and codeine. Oftentimes those who are charged with violating HS 11352 are identified through “sting” operations, but there are instances where authorities claim to have witnessed drug deals, transports, etcetera from disguised locations.
What Acts Violate HS 11352?
Health and Safety Code 11352 can be violated in several different ways. If you were transporting a controlled substance from one location to another, importing drugs into California, selling drugs, supplying drugs in any way including sales, administering drugs via injection or other method directly to another person, or giving your drugs away, California prosecutors could convict you of violating HS 11352.
Transportation under HS 11352 has become a sore subject for many defendants and defense attorneys as the distance required to fulfill the definition of transportation can be very little. In addition, the person “transporting” drugs does not need to be caught selling them to be convicted of transportation. According to the California court of appeals, this is to help decrease incidences of sales by punishing the general transport of narcotics. Unfortunately, it often puts non-violent drug offenders in danger of receiving a felony on their criminal record for what many would consider relatively minor criminal offenses.
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