Overview of Narcotics Sales in CA

In California, the sale of a controlled substance is a serious criminal offense governed primarily by California Health and Safety Code §11352 (for most narcotics), §11378 (for methamphetamine) and §11360 (for marijuana-related sales).

Here’s a summary of key points:

California Health & Safety Code §11352

Covers: Selling, transporting, furnishing, administering, or giving away controlled substances such as:

• Cocaine

• Heroin

• LSD

• Prescription drugs (without authorization)

• Other narcotics listed in Schedules I and II (excluding marijuana and methamphetamine, which are handled under different sections)

Penalties

A violation of section 11352 is a felony and can include:

• 3, 4, or 5 years in California state prison

• Up to 9 years if drugs are transported across county lines with intent to sell

• Substantial fines (often up to $20,000 or more)

• Probation may be available in some cases, but it's not guaranteed

• Sentence enhancements for prior convictions, selling near schools, involving minors, or large quantities.

California Health & Safety Code §11378

Covers: Selling, transporting, furnishing, administering, or giving away methamphetamine. Many of the same penalties above apply to methamphetamine sales.

Special Rules for Marijuana (HS §11360)

Although recreational marijuana is generally legal in California:

• Unlicensed sales are still illegal

• Selling or transporting marijuana without a license can lead to misdemeanor or felony charges depending on the circumstances (age of the offender, quantity, prior convictions, etc.)

Legal Defenses

• Entrapment

• Lack of knowledge (not knowing the substance was a controlled drug)

• No intent to sell (simple possession)

• Illegal search/seizure (violating the 4th Amendment)

Contact Attorney Davis W. Hewitt

If you have been arrested or charged with possession of sale of a controlled substance, contact Chico Attorney Davis W. Hewitt to schedule a free consultation.