Potential Consequences of California Drug Sales

California Health and Safety Code §11352 prohibits the transporting, importing, selling, furnishing, administering or giving away of certain controlled substances. An important thing to remember if a person is charged under this section, is that a person can be charged even if they attempted to do any of the aforementioned prohibited acts.

If a person is charged with Drug Sales in California, they may face a wide range of possible penalties. The sentence will determine on different factors. The most significant of these factors is the criminal history of the person and the specific facts of the case.

A person who is stopped with a vast amount of heroin and has a criminal history of drug offenses will have a higher sentence than a person who is stopped with a small amount of heroin and has no prior criminal history.

Possible Sentence

A drug sales charge will always be filed as a felony, unless the charge is reduced. Those being charged may face up to one year in county jail, or three to five years in California State Prison. Additionally, there may be a fine anywhere up to $20,000 as well as probation.

Aggravating Circumstances

In certain situations, the potential penalty will be harsher than the normal range established by legislation.

1. Drugs are transported or imported over two county lines.
   When controlled substances are taken across two different county lines, the potential penalty is increased by a three, six or a nine year prison sentence.
2. Person is engaging in prohibited acts under §11352 in certain areas.
   If the person is found selling, transporting, or engaging in other prohibited acts near certain areas, the potential consequences will be more severe. Such places include homeless shelters, Detox centers, and drug rehabilitation centers.
3. The amount of drugs.
   If a person is found engaging in one of the prohibited activities under California Health and Safety Code §11352 with massive quantities of heroin, cocaine or cocaine based substances, the potential sentence will increase depending on the amount.
4. Prior drug convictions.
   If a person has previously been convicted of drug offenses, the potential sentence will be on the higher end of the spectrum.
5. Person that the controlled substance is being given, sold, or administered to.
   If the person charged knowingly was selling, giving etc., controlled substances to people who were pregnant, charged with past drug offenses or violent crimes or were being treated for a mental health problem or a drug problem, then the potential consequences for violation will be increased.

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