San Diego Drug Crime Attorney

Drug Transportation Charges

In California, the crime of transporting a controlled substance is punished by California Health and Safety Code § 11352, which states in relevant part:

(a) Every person who transports, imports into this state, sells, gives away, or offers/attempts to do any of the above involving any controlled substance, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in the state prison for a period of three, four or five years.

(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports for sale any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment in the state prison for three, six, or nine years.

Controlled substances applicable under this section include any of the following:

Opiates and opiate derivatives
Cocaine based stimulants and any derivatives thereof
Amphetamines and any derivatives thereof
Hallucinogenic substances including mescaline, peyote, tetrahydrocannabinols and any derivatives thereof

The transportation of a controlled substance is defined as any illegal movement of a controlled substance from one location to another. The length, distance or mode of transportation is insignificant in the eyes of the law. Walking drugs to a neighbor's house will fall under the same umbrella of "transportation" as shipping drugs via aircraft across state lines. Additionally, one does not even need to be in actual possession of the substance. Right of control over the drugs or ability to control the actions of the individual actually in possession of them at the time of arrest will be sufficient.

The prosecution must also prove that you had actual knowledge and intent to transport a usable amount of the controlled substance. You could very well be wrongfully charged under this section if you did not actually know of the transportation of the controlled substance, or if you were induced into transporting the substance against your will by use of force or physical harm to you or a loved one.

Transporting Prescription Drugs

Additional issues arise with regards to the transportation prescription drugs such as properly prescribed medical marijuana. Despite the passage of Prop 215, legitimate medicinal marijuana patients who choose to purchase rather than grow their prescribed medication are often surprised to find themselves prosecuted under this section as well. While they have every right to transport the medicine from the dispensary to their home under California Law, because the law is still unsettled in the eyes of many law enforcement officers, prosecuting attorneys, and even in some courts, charges can be filed and criminal proceedings instituted against individuals wrongfully accused of illegal transportation.Even with the law on their side, without proper representation, these individuals can still face the threat of incarceration and substantial fines.

California is especially tough on the transportation of drugs for fear of potential violence that is generally attached to the offense. Punishment for HS §11352 can result in substantial fines or as much as a 9 year prison sentence, per incident, if the drugs are alleged to be transported across county lines. Given the broad spectrum of culpability and the wide range of sentencing possibilities under HS § 11352 , when determining sentence, the court will consider several factors regarding the offense. Most notably the court will consider:

the type of drug being transferred,
the geographic location of the transportation; across state county lines or imported from, another country
the amount of drugs being transferred, and
whether or not there were any minors involved

If you are arrested and charged with a violation of this section, it is imperative that your lawyer has an intricate understanding of both your case and these elements. Obtaining experienced and knowledgeable representation can drastically increase your chances of minimizing the penalty, or having the charged dismissed altogether provided a proper case can be made to negate the applicability of the offense to your alleged conduct. A San Diego drug crime lawyer from The Law Office of Marc S. Kohnen have years of experience aggressively and passionately fighting for individuals accused of drug transportation. If you or a loved one has been arrested and charged with transporting a controlled substance, call the office today .

When charged with the crime of transporting drugs, contact a San Diego drug crime lawyer from the firm for experienced legal representation.