California Health & Safety Code § 11352 – Sale or Transportation of a Controlled Substance

Health & Safety Code § 11352 HS is California’s law against selling or moving illegal drugs. In simple terms, this statute makes it a felony to transport, import, sell, furnish, administer, or give away certain controlled substances, or to offer or attempt to do any of those acts​. This is one of California’s main drug trafficking laws. If your loved one was arrested under HS 11352 in Los Angeles or Orange County, it means authorities believe they were involved in dealing or transporting narcotics. Below we explain exactly what this law covers, the penalties it carries, how these cases are handled locally, and how an experienced defense attorney can help protect your family’s future.

What Does Health & Safety Code § 11352 Prohibit?

California Health & Safety Code § 11352 makes it illegal to do any of the following with certain controlled substances

• Sell a controlled substance (exchange drugs for money or anything of value).
• Transport a controlled substance (carry or move drugs from one place to another).
• Import a controlled substance into California (bring drugs into the state from elsewhere).
• Furnish or give away a controlled substance (provide drugs to someone, even if no money changes hands).
• Administer a controlled substance to someone (directly apply or inject the drug into another person).
• Offer to do any of the above (even if the drug deal or delivery never actually happens).
• Attempt to transport or import a controlled substance (try to move drugs, even if unsuccessful).

In short, any involvement in moving or distributing illegal drugs – whether by selling them, giving them to friends, or driving them from point A to B – can fall under HS 11352. For example, if someone drives a package of heroin from Los Angeles to Orange County to deliver to a buyer, that is considered “transporting a controlled substance for sale” and would violate § 11352. Even offering to sell or transport drugs is a crime if the person genuinely intended to go through with it​. (However, merely pretending or joking about selling drugs without any intent isn’t enough to violate the law.)

Important: This law does not cover marijuana or methamphetamine, which are addressed under different code sections (marijuana is generally covered by HS 11360, and meth by HS 11379). HS 11352 mainly targets narcotics like cocaine, heroin, and opiate-based drugs. So if a person is accused of selling or transporting cannabis or meth, the charge would typically be under those other statutes, not § 11352. But the actions prohibited (selling, transporting, etc.) are similar across these drug laws.

Definition of a “Controlled Substance” in California

A controlled substance is basically an illegal drug or a prescription drug being used or distributed unlawfully. California classifies controlled substances by schedules (Schedule I through V) in its Health & Safety Code §§ 11054-11058. Health & Safety Code § 11352 specifically covers many of the well-known street drugs and narcotics, including:

• Opiates and opiate derivatives: e.g. heroin, opium, morphine, oxycodone, hydrocodone (Vicodin).
• Cocaine and crack cocaine (cocaine base)​.
• Certain hallucinogens and party drugs: e.g. LSD (lysergic acid diethylamide), MDMA (ecstasy), peyote​.
• PCP (phencyclidine), a powerful dissociative anesthetic often treated as a narcotic for sentencing.
• GHB (gamma-hydroxybutyric acid), a depressant sometimes used as a “club drug”​.
• Common prescription narcotics when possessed or transferred without a valid prescription: e.g. codeine, hydrocodone (Vicodin), oxycodone (OxyContin), fentanyl, etc.

In essence, any drug listed in California’s controlled substance schedules that is not cannabis could be involved in an HS 11352 charge. These include hard drugs like heroin and cocaine, as well as prescription painkillers or sedatives if they are being sold or transported illegally. For instance, selling pills of Xanax or Vicodin to someone without a prescription is treated the same as selling street drugs under this law.

It’s worth noting that methamphetamine and certain other stimulants (like meth, amphetamine, or ketamine) are controlled substances too, but California charges those sales under a separate law (HS 11379) since they are categorized differently. The focus of HS 11352 is on opiates, cocaine, and other narcotic drugs, which carry some of the heaviest penalties.

Elements of the Crime: Proving a § 11352 Violation

To convict someone under HS 11352, the prosecutor must prove each element of the offense beyond a reasonable doubt. The standard jury instructions lay out the required elements clearly​:

1. The defendant did one of the prohibited acts with a controlled substance: sold it; furnished it; administered it to someone; gave it away; transported it for sale; imported it into California; or offered/attempted to do one of these acts​.
2. The substance was a controlled substance covered by the law (for example, cocaine, heroin, etc.).
3. The defendant knew of the substance’s presence (they knew they had it on them or under their control).
4. The defendant knew the substance was a drug (knew of its nature as a controlled substance).
5. If charged with transporting, the prosecution must also prove the intent to sell. In other words, when the defendant was transporting the drugs, they intended that the drugs would be sold (by themselves or someone else)​. Simply driving around with drugs for personal use is not “transportation” under this section – the law now requires a sale intent for transport​.
6. For transportation charges, the prosecution must show the amount transported was a usable quantity of the drug​. A tiny trace or residue is not enough – it has to be enough to use or sell (even a small usable dose counts).

All these elements must be proven. This means, for example, that if a person truly didn’t know about the drugs, they should not be guilty under § 11352. Imagine a scenario where Jim asks his friend Lisa to drive his car across town, and unknown to Lisa there’s a bag of cocaine hidden in the trunk. If Lisa is stopped and the drugs are found, she may be arrested, but to convict her, prosecutors must prove Lisa knew the cocaine was there and knew it was an illegal drug. If she genuinely had no knowledge, then element #3 (knowledge of presence) and #4 (knowledge of nature) are not met​. Lack of knowledge can be a complete defense (though Lisa would likely need to prove she was an unwitting participant). In a real case, an example like this could lead to dropped charges for Lisa while Jim (the car owner who hid the drugs) would face prosecution.

Offering or attempting to sell/transport is also covered. The law specifically includes offers to sell or transport a controlled substance – but there’s a caveat: there must be a genuine intent to actually go through with the deal​. For instance, if someone boasts about having drugs to sell as a bluff or joke, without any intention or ability to provide them, that would not truly be an HS 11352 violation​. The offer has to be made with the intention that it will be carried out.

Prosecutors often use circumstantial evidence to prove intent, especially the intent to sell. Direct evidence of a sale (like an undercover officer witnessing a hand-to-hand drug sale) makes for a straightforward case. But even without catching the person in the act of selling, prosecutors can rely on factors such as the quantity of drugs, how the drugs are packaged, the presence of scales, cash, multiple baggies, or the absence of personal-use paraphernalia to argue the person intended to sell rather than just possess. In People v. Parra (1999), for example, officers found a kilogram of cocaine hidden in a car and no drug-use devices (like pipes or syringes) present. Expert narcotics officers testified this amount and the way it was concealed indicated it was for sale, not personal use. The Court of Appeal upheld convictions for both transportation (HS 11352) and possession for sale (HS 11351), noting that experienced officers can give opinions that narcotics are held for sale based on quantity and packaging, and that evidence was sufficient to show specific intent to sell​. In other words, no specific buyer or transaction needs to be observed; the law allows the jury to infer intent to sell from the circumstances (large quantity, etc.).

It’s also worth noting that actual physical possession is not required to be guilty. One can be convicted as a “middleman” or organizer who never personally touches the drugs, as long as they had control or the right to control them (this is called constructive possession)​. For example, someone orchestrating a delivery who directs others where to pick up and drop off drugs can be deemed in possession and transportation of those drugs, even if they never physically carried them. As long as prosecutors prove the defendant had dominion and control over the narcotics and all the knowledge/intent elements, a conviction under HS 11352 is possible.

Penalties and Sentencing for HS 11352 Convictions

Sale or transport of a controlled substance under HS 11352 is a felony in California​. The penalties can be quite severe, and they become harsher with certain aggravating factors. Here’s a breakdown of the potential consequences:

• Felony Jail/Prison Sentence: A standard conviction carries a base sentence of 3, 4, or 5 years in custody​. This is the usual sentencing range for selling, furnishing, or transporting drugs under normal circumstances. The judge can choose 3, 4, or 5 years depending on the specifics of the case (mitigating or aggravating factors).
• Longer Sentence for Cross-County Drug Transport: If the offense involved transporting drugs from one county to another noncontiguous county (i.e., counties that do not share a border), the penalty jumps to a sentence of 3, 6, or 9 years​. This means moving drugs across significant distances in California (for example, from Los Angeles County to San Francisco County) is punished more severely as a form of higher-level trafficking. Crossing at least two county lines (essentially transporting to a distant county) triggers this harsher 3-6-9 year range​. For instance, driving a load of narcotics from Orange County all the way to Kern County could invoke this increased penalty.
• Fines: Felony drug sales can carry hefty fines. For an HS 11352 case, fines can be up to $20,000 in addition to the prison term​. In major trafficking cases with enhancements (discussed below), the fines can soar much higher – into several million dollars – but for most cases involving smaller quantities, the statutory maximum fine is $20,000.
• Probation Eligibility: In some cases, a defendant might be granted felony probation (also known as formal probation) instead of serving a lengthy jail term. This typically involves up to a year in county jail and drug treatment as conditions of probation. However, California law prohibits probation for certain drug sale offenses. For example, if someone is convicted of selling or offering to sell 14.25 grams or more of heroin, or if they have certain prior drug sale convictions, the law (Penal Code § 1203.07) makes them ineligible for probation​. Similarly, any sale of heroin by a defendant who has a prior conviction for a similar drug offense, or sale of cocaine/meth by someone with prior drug sales convictions, can bar probation​. In short, first-time and small-quantity offenders have a better chance at probation, whereas repeat dealers or those dealing significant amounts are more likely to face prison with no probation.
• Sentence Enhancements for Large Quantities: California has special weight enhancements (HS § 11370.4) that add extra prison time if the drug quantity is very large. These enhancements kick in for massive amounts of narcotics. For example, an additional 3 years can be added if the substance exceeds 1 kilogram (about 2.2 pounds), 5 extra years if it exceeds 4 kg, 10 extra years for over 10 kg, 15 extra for over 20 kg, 20 extra for over 40 kg, and 25 extra years if the amount exceeds 80 kilograms​. These years are added on top of the base sentence. So a person moving 50 kg of cocaine could face the base term (up to 9 years if across counties) plus 20 extra years for the large quantity. In one recent Orange County case, two defendants were found with hundreds of pounds of drugs and were charged with enhancements for exceeding 80 kg and 20 kg, dramatically increasing their potential sentence​. People v. Pieters (1991), a California Supreme Court case, upheld these heavy weight enhancements – it confirmed that the entire weight of any mixturecontaining the drug is what counts (not just the pure drug weight) and that the legislature’s intent was to punish major traffickers more severely​. In Pieters, the defendant had over 10 pounds of a cocaine mixture (only 83% pure) and still got a 5-year enhancement for weight, which the high court approved​.
• Enhancement for Firearms (Gun Enhancement): If a person is armed with or uses a firearm during a drug sales offense, additional penalties apply. Under Penal Code § 12022(c) (a gun enhancement law), having a gun while committing HS 11352 can add an extra 3, 4, or 5 years to the sentence​. For example, if someone was carrying a handgun for protection while delivering a stash of narcotics, prosecutors can seek this enhancement. Even if the gun wasn’t used, mere possession or accessibility of a firearm in the commission of the drug crime triggers the added 3-5 years in state prison​. If an accomplice (not the defendant themselves) had a gun and the defendant knew about it, a lesser enhancement of 1 to 3 years can be added​. Guns and drug trafficking together are taken very seriously, so a family member’s case can escalate quickly in severity if weapons are involved.
• Other Enhancements: California law provides some other specific enhancements in drug cases. One example is an additional 1-year enhancement if the drug transportation occurred within 1,000 feet of a drug treatment center, detox facility, or homeless shelter​. This is a lesser-known enhancement aimed at protecting sensitive areas from drug trafficking. Another is if the defendant has certain prior convictions for serious felonies or drug felonies, there used to be extra 3-year enhancements for each prior (under former HS 11370.2). Recent reforms (SB 180, the “Repeal Enhancement for Drug Offenses Act”) have eliminated most of those prior drug conviction enhancements, except in very limited circumstances. Still, repeat offenders generally face harsher outcomes – even if not through formal enhancements, judges will consider prior records in deciding the sentence within the range.

In addition to these criminal penalties, a felony drug trafficking conviction has other collateral consequences: it can lead to deportation for non-citizens, loss of professional licenses, and difficulty finding employment. Given the high stakes, it’s critical to fight these charges or negotiate them down with the help of a skilled attorney.

Example: Suppose Alex is convicted of transporting 5 kilograms of heroin from Los Angeles to San Diego (noncontiguous counties). The base sentencing range would be 3, 6, or 9 years (because of cross-county transport)​. Additionally, because 5 kg exceeds 4 kg, a 5-year weight enhancement applies​. If Alex was carrying a pistol for protection, a gun enhancement could add say 4 more years​. In total, Alex could be looking at a sentence like 6 years (chosen within 3-6-9) + 5 years (weight) + 4 years (gun) = 15 years in state prison. If Alex had no prior record and the case was in Los Angeles County, it’s possible the DA there might choose not to pursue the enhancements (as we’ll discuss next) – but in Orange County, the DA would likely throw the book at him with all those enhancements.

Los Angeles and Orange County Prosecution Trends

Drug trafficking offenses are prosecuted aggressively statewide, but there are noteworthy differences in approach between jurisdictions, especially between Los Angeles County and Orange County. Families facing HS 11352 charges in these areas should understand the local landscape:

• Los Angeles County: In recent years, Los Angeles has seen a shift in prosecution philosophy under District Attorney George Gascón (since 2020). Gascón implemented policies to decline pursuing many sentencing enhancements for defendants, including in drug cases. This means that in many HS 11352 cases in L.A., prosecutors might charge only the base offense without piling on weight enhancements or gun enhancements, even when they legally. The stated reason is a belief that increased penalties for drug offenses do not necessarily improve public safety or deter use​. For instance, under Gascón’s directives, a defendant caught with a large amount of drugs might just face the core 3-5 year trafficking charge, rather than the additional 10+ years for quantities and firearms. Los Angeles County has also emphasized diversion and treatment for lower-level drug offenders. While HS 11352 (sales) charges are generally not eligible for pre-trial diversion programs (those are mostly for simple possession cases), L.A. prosecutors might be more willing to reduce a charge to a lesser offense to enable a treatment program if the facts warrant. For example, someone arrested for selling a small amount of a drug to support their own habit might, through skilled negotiation, get a plea to simple possession (HS 11350) and enter a drug diversion program. Such outcomes are more conceivable in L.A. given the current reform-minded administration. However, it’s important to note that trafficking fentanyl and opioids has become a high-priority issue everywhere due to the overdose crisis. Even Gascón’s office, which initially was reluctant to charge severe penalties for drug dealers, has felt public pressure regarding dealers who cause fatal overdoses. (For a time, L.A. County was notable for not charging dealers with murder in overdose cases, whereas many other counties would – though by 2024 there were a few such charges filed in L.A. as the crisis grew​.) Overall, in Los Angeles County, your defense attorney may find more receptive ears to arguments for leniency, alternative sentencing, or dismissal of enhancements. Each case still depends on its facts, but the policy environment is somewhat more defendant-friendly than in the past.
• Orange County: Orange County tends to take a tougher stance on drug trafficking cases. District Attorney Todd Spitzer has publicly taken a hard line on drug dealers, especially those dealing fentanyl, vowing to use every tool available to maximize penalties. Orange County prosecutors commonly file all applicable enhancements (weight enhancements, gun enhancements, prior conviction enhancements if any, etc.) to seek the longest possible sentences for major drug offenses. A clear example is the March 2022 case where OC prosecutors charged two men not just with multiple counts of HS 11352 and related drug offenses, but also tacked on enhancements for 20 kg and 80 kg weight thresholds given the massive quantities seized​. In OC’s largest drug bust in 16 years, Spitzer’s office proudly announced the defendants faced 37 years in prison if convicted on all counts​. Orange County has also been at the forefront of charging drug dealers with murder (under the “drug-induced homicide” theory) when someone dies from an overdose. Spitzer’s office announced it would start charging fentanyl dealers with murder if they’ve been warned of the drug’s dangers. This aggressive approach shows that in OC, a family member arrested for a drug sale is likely facing a DA’s office that seeks the maximum punishment, not minimum. Diversion programs (like Drug Court or DEJ) are generally not offered for sales-related charges in Orange County unless the charge can be bargained down to simple possession. OC does have a Drug Court, but it’s typically for users, not accused dealers. That said, if someone is borderline (for example, caught with a small amount packaged for sale, with no prior record), a defense attorney in Orange County might negotiate for a reduction to HS 11350 (possession) which could open the door to PC 1000 pretrial diversion or Prop 36 post-conviction diversion​. But such leniency usually must be earned through strong advocacy and sometimes creative legal strategy.
• Court and Plea Practices: In both counties, a large percentage of HS 11352 cases resolve with plea bargains rather than trials. An experienced lawyer will know the local plea bargaining customs. For instance, in Los Angeles, it might be common to plead an HS 11352 (which is not eligible for probation if certain conditions exist) down to an HS 11351 (possession for sale) or even an HS 11350 (simple possession) in order to make the client eligible for probation or diversion​. In Orange County, prosecutors might insist on at least a plea to HS 11351with some jail time, even for a first offense, but perhaps strike the weight enhancement for a plea. The willingness to offer a non-prison deal can hinge on factors like the defendant’s role (e.g., addict vs. profiteer), the quantities involved, and any prior record. Both counties have Drug Court programs that are post-plea rehabilitation programs, but typically a defendant must plead guilty to something like possession or low-level sales and then complete rehab to have the charge reduced or dismissed. Local priorities also matter – for example, if a particular area is experiencing a spike in heroin overdoses, the local prosecutors might temporarily crack down harder on heroin sales in that community.

Bottom line: Los Angeles County, under current policies, may be more flexible or innovative in handling a drug sales case (emphasizing treatment for addicts, and not reflexively seeking the highest enhancements), whereas Orange County is more likely to prosecute to the fullest extent of the law. An attorney familiar with both courts will tailor the defense strategy accordingly – perhaps pushing for diversion and negotiating in LA, versus aggressively challenging evidence and seeking charge reductions in OC to avoid draconian sentences.

How Prosecutors Build Drug Trafficking Cases (HS 11352)

Drug sale and transport cases are often the result of proactive police work. Understanding how the authorities investigate and gather evidence can help families see where weaknesses or defense opportunities might lie. Here are common ways these cases are built:

• Undercover Operations (Sting Operations): Law enforcement frequently uses undercover agents or informants to pose as buyers or sellers of drugs. In a controlled buy, for example, an undercover officer might approach the suspect (or vice versa) and exchange money for drugs, all under surveillance. These stings are designed to catch individuals in the act of selling. The transaction might be recorded with audio or video, and the buy money is often pre-marked. Once the sale is completed, officers move in to arrest. Such operations can also involve online communication – for instance, arranging a drug sale through social media or text messages and then meeting in person. Undercover stings are a powerful tool, but they must be conducted carefully to avoid entrapment (discussed later). A classic scenario might be an undercover detective asking a suspected dealer, “Can you get me 40 pills?” and agreeing on a deal, leading to an arrest at the handoff. These scenarios will generate evidence like recorded conversations, texts, and the seized drugs.
• Confidential Informants (CIs): Some cases start because a person caught with drugs becomes an informant to work off their own charge. Informants tip off police about a bigger dealer’s activities and may even participate in setting up meetings. For example, a CI might introduce an undercover officer to the target, saying “This is my friend who wants to buy…”, enabling the sting. Informant information can also be used to obtain search warrants. It’s not uncommon that after one person’s arrest, they give up their supplier’s location to reduce their sentence. These informants’ credibility can be an issue – they often have criminal backgrounds and incentives to lie, which a defense lawyer can exploit in court. As noted by defense experts, many HS 11352 arrests come about from informants trying to help themselves by helping the police​.
• Surveillance and Observation: Police may conduct surveillance on suspected drug locations or persons based on tips or ongoing investigations​. This could be physical stakeouts or even electronic surveillance (though wiretaps require significant probable cause and court approval). For physical surveillance, narcotics officers might watch a house known for drug activity, observing who comes and goes, possibly seeing hand-to-hand transactions on the street. They may use binoculars, hidden cameras, or watch from unmarked cars. If they see what they believe is a drug sale (e.g., short meetings where something is exchanged), they might stop the individuals afterward to investigate. Consistent patterns of behavior – like numerous brief visits to a home at odd hours – can provide reasonable suspicion for a stop or probable cause for a warrant. In some cases, police set up “observation posts” near known drug corners or residences​, and an officer radioes ahead to patrol units with descriptions of suspects to detain.
• Traffic Stops and Drug Couriers: A lot of drug transport cases begin with a vehicle stop. Officers might pull someone over for a traffic violation (or sometimes on a hunch) and then develop suspicion of drugs – perhaps by the odor, the driver’s nervous behavior, or visible contraband. If probable cause develops (or a drug-sniffing dog alerts), they search the vehicle and find narcotics being transported. Sometimes, law enforcement has advance intel (from an informant or wiretap) that a certain car on the freeway contains a drug shipment, and they coordinate a traffic stop as a pretext to search. Highway interdiction teams are common – for instance, on I-5 or I-15, looking for cars coming from border areas or known drug source cities. They look for hidden compartments, unusual modifications, or large quantities of drugs in trunks, door panels, etc. In People v. Parra, it was a traffic stop for a minor violation that led to finding 1 kg of cocaine hidden behind a dashboard​, which resulted in transportation and possession for sale convictions.
• Search Warrants: When police gather enough evidence of drug sales (through undercover buys, informants, surveillance, etc.), they may obtain a search warrant for a suspect’s residence, vehicle, or phone. A raid on a house with a warrant might turn up large stashes of drugs, packaging materials, client lists, cash, and weapons. For example, if officers observe someone selling on the street and then entering a particular apartment frequently, they might get a warrant for that apartment expecting to find the supply. During warrant searches, anything incriminating in plain view or found in the searched areas can be seized: drugs, scales, baggies, cash, pay-owe sheets, firearms, etc. Those items become key evidence to prove the elements of the offense (possession, knowledge, intent to sell).
• Lab Analysis: Crime lab testing of the seized substance is crucial in these cases. The prosecution must prove the item is indeed an illegal controlled substance (cocaine, heroin, etc.), so chemists will analyze samples. The lab report or criminalist testimony will show the substance’s identity and sometimes purity. If the substance turns out not to be a controlled substance (for example, someone was selling fake drugs or a cutting agent), a charge under HS 11352 can falter (though there’s a separate law, HS 11355, for selling something falsely as a drug). Lab results can also influence charges – e.g., confirming it’s pure fentanyl (a Schedule II narcotic) means HS 11352 applies; if it were a non-narcotic like meth, the charge might be amended to HS 11379. Defense attorneys will scrutinize the lab’s handling for any chain-of-custody issues or testing errors.
• Recorded Communications and Surveillance Tech: In higher-level operations, police may use wiretaps or track phones (with warrants) to bust drug rings. A series of coded phone calls or texts arranging deals can be powerful evidence of a conspiracy to transport/sell. Nowadays, even social media and messaging apps are monitored. As referenced in a Los Angeles case, dealers have used platforms like Snapchat to arrange drug deliveries, which law enforcement then traces​. If your family member was swept up in a larger drug task force investigation, there may be extensive digital evidence like GPS trackers on cars, pole cameras on stash houses, or months of phone intercepts.

Overall, prosecutors piece together the case like a puzzle: the drugs themselves, eyewitness testimony (often from officers or informants), surveillance observations, recorded deals, lab reports, and sometimes the defendant’s own statements (if they confessed or made incriminating comments). For example, upon arrest, some people try to explain away the situation (“I was just holding it for a friend” or “I only sell to support my own habit”) – unfortunately, these statements can be used as admissions.

A defense attorney’s job is to attack these building blocks: Was the search legal? Is the informant reliable? Did the undercover induce entrapment? Is the lab analysis valid? By finding weaknesses in the prosecution’s evidence, an attorney can negotiate better deals or get charges dropped.

Legal Defenses to HS 11352 Charges

Facing a charge for selling or transporting controlled substances can feel overwhelming, but several legal defenses may apply. A skilled defense lawyer will analyze the facts to determine the best strategy. Here are common defenses and how they work:

• Lack of Knowledge: If the defendant did not know of the drug’s presence or nature, they aren’t guilty of this offense. You cannot be convicted for unwittingly transporting or holding someone else’s drugs​. For example, if you were unaware that a package or suitcase you carried contained narcotics, that’s a lack-of-knowledge defense. The same goes for not realizing something was a controlled substance – perhaps you knew you had a substance but genuinely believed it was a legal item (sugar, baking powder, etc.). In practice, this defense often arises in “hidden stash” scenarios – like drugs found in a car driven by someone who didn’t put them there. 
  • Real-world example: A rideshare driver is paid to deliver a “gift box” and has no idea it’s filled with illegal pills. If credible, that driver should not be found guilty of drug transport. Of course, the facts have to support that lack of knowledge (no evidence of the driver’s involvement, surprise on discovery, etc.). The burden is on the prosecution to prove the defendant did know about the drugs; if they can’t, reasonable doubt exists.
• No Intent to Sell (Personal Use): In cases where someone is charged with transporting for sale or possession for sale, a common defense is that the drugs were for personal use, not for sale. Since HS 11352 requires intent to sell for transport charges, showing there was no such intent can reduce or negate the charge. For instance, if John is caught driving with a small quantity of heroin that he uses personally, he might be wrongly charged under HS 11352 for transport. A defense attorney would argue John had no intention to sell; he was just an addict carrying his own supply. If the court or prosecutor accepts this, the proper charge would be simple possession (HS 11350) – which is a much less severe offense (often a misdemeanor eligible for diversion). Signs that support this defense include: the quantity was small, packaging was not indicative of sales (e.g., one personal-use bag vs. many baggies), and the person had personal paraphernalia (like syringes or foil) which a dealer typically wouldn’t carry in bulk. Essentially, proving personal use can be a defense to a sales charge – it might not get someone off the hook entirely, but it can dramatically reduce the severity of the case.
• Illegal Search and Seizure: The Fourth Amendment protects agains unreasonable searches and seizures. If the drugs were found during an unlawful search, the defense can file a motion to suppress the evidence (called a Penal Code § 1538.5 motion). If granted, the prosecution loses the key evidence (the drugs) and usually must dismiss the case. Examples: Police lacked probable cause or a warrant to search a home or car; a traffic stop was conducted without reasonable suspicion; officers exceeded the scope of a search warrant; or consent for a search was coerced. For instance, if officers stop a car for no valid reason and then discover cocaine in the trunk, that cocaine could be thrown out in court. Or if they enter a house without a warrant or exigent circumstance and seize drug evidence, that’s a violation. Illegal search issues are very common in drug cases. A defense attorney will closely examine how the evidence was obtained – looking for technical errors in warrants or unconstitutional procedures. If your loved one’s rights were violated by the police, that can lead to a case getting dismissed outright.Even the threat of a strong suppression motion can sometimes push prosecutors to offer a favorable plea (like a lesser charge), rather than risk losing all evidence in a hearing.
• Entrapment: Entrapment occurs when law enforcement induces a normally law-abiding person to commit a crime they otherwise would not have committed. The legal standard in California looks at whether the police conduct would likely induce a normally law-abiding person to commit the offense. If officers or their agents (informants) pressured, harassed, or fraudulently persuaded someone to sell or transport drugs, entrapment could be a defense. This often comes up in undercover sting operations. For example, if an undercover officer repeatedly begged a low-level user to sell them a pill – playing on sympathy (“I’m dope-sick, please, just this once”) – and the user reluctantly agreed, that could be considered entrapment, especially if the user had no intent to deal before the officer’s urging. However, merely providing an opportunity to commit the crime is not entrapment; the person must be induced in a way that they wouldn’t otherwise have done it. Law enforcement is allowed to use decoys and stings – it’s only entrapment if they overcame the defendant’s will by pressure or trickery. If there’s evidence of entrapment, the defense can ask the jury to acquit on that basis. Notably, undercover operations walk a fine line – most are deemed legal, but an aggressive informant who threatens or an officer who endlessly badgers a suspect can cross into entrapment territory. An attorney will look at recordings or testimony of how the deal went down to argue entrapment if applicable.
• Lack of Evidence / Failure to Prove an Element: The prosecution might simply not have enough solid evidence. Perhaps the substance was never found or tested – e.g., the drugs were destroyed or lost, or what was seized was not actually an illicit substance (imagine someone being arrested for passing baking soda as cocaine – they could be guilty of a different crime like fraud, but not actually sale of a controlled substance since no real drug was involved). The state must prove the identity of the substance with a lab test​shouselaw.com. If the lab results are inconclusive or mishandled, that’s reasonable doubt. Also, the prosecution has to prove the defendant’s knowledge and intent, which can sometimes be lacking. If a case is based on an informant’s word with no corroborating evidence, for example, that might be too weak to convict. A defense attorney will highlight gaps: no fingerprint or DNA on the drug packages tying them to the accused, no surveillance linking them to the transactions, etc. Sometimes witness credibility is the issue – if the key witness is an informant with a deal or a co-defendant hoping for leniency, the defense can attack their motives and truthfulness. Creating doubt about any single element (like knowledge or intent) can lead to acquittal or at least a hung jury, which gives leverage for a better outcome.
• Prescription or Legal Authority: HS 11352 does have an exception for “upon the written prescription of a physician, dentist,” etc. This means it’s not a crime for doctors and pharmacists to dispense controlled substances in the usual course of medical practice. While this doesn’t apply to most people, it can be a defense in rare scenarios. For example, a pharmacist delivering a controlled medication to a patient with a valid prescription is obviously not guilty of illegal transport. Or if someone was lawfully transporting drugs as part of their job (say, a licensed courier for a medical supply company moving narcotics between pharmacies), they have legal authority. A more common angle is when a defendant is charged for a drug like oxycodone but they actually have a valid prescription. That prescription is a defense to possession – though if they were selling their pills, the prescription doesn’t excuse that. However, having a prescription could negate the intent to sell (they obtained it lawfully for personal use). In some instances, misunderstandings occur – e.g., a person might carry their spouse’s prescription pills not realizing that’s technically illegal. A defense could then argue lack of intent to break the law or lawful purpose.
• Duress or Coercion: This is less common but in some cases a person might claim they only transported or sold drugs because they were forced or threatened by someone (e.g., a drug supplier threatens harm to their family if they don’t act as a courier). If true, duress can be a defense – the law recognizes people may commit crimes under immediate threat of death or serious injury.
• Mistaken Identity / False Accusation: There are situations where the wrong person is accused. Perhaps an undercover buy was conducted at night and the dealer fled – later the police arrest someone they think was the seller based on a vague description. Or an informant names someone as their supplier out of spite or mistake. If your loved one was falsely implicated, the defense will focus on alibi evidence or lack of reliable identification. Maybe surveillance footage doesn’t clearly show them, or the informant got a name wrong. Demonstrating that “they got the wrong guy/gal” is a fundamental defense if evidence supports it.

Each case is unique, and defenses often overlap. For instance, consider a scenario: Maria is caught in a sting selling a small amount of cocaine to an undercover officer after weeks of the officer pestering her. She claims she only did it because the officer (pretending to be a friend in need) begged her and she finally gave in (potential entrapment). The arrest happened when she handed over the drugs, but the search of her home afterward (without a proper warrant) turned up more drugs – those might be suppressible due to illegal search. Maria also only sold the drugs to get money for her own addiction, not to become a dealer (she’s primarily a user). In this complex case, multiple defenses could be raised: entrapment for the sale, Fourth Amendment for the home search, and lack of intent to be a dealer in general. A defense attorney would weave these together to seek the best outcome (perhaps getting evidence tossed and charges reduced to possession with diversion to treatment).

In all situations, having an attorney who knows how to assert these defenses is crucial. They might file motions, present evidence, and cross-examine officers aggressively to show, for example, that a “consent search” wasn’t truly consensual, or that the informant promised your son the deal was legal (leading him into a trap). The goal is to either win outright or create leverage to negotiate a much lighter charge.

Related Charges and Enhancements

Drug cases often involve multiple related charges or added allegations. It’s helpful to understand these, as a person arrested under HS 11352 might also face or see some of these in their case:

• HS § 11351 – Possession for Sale of Controlled Substances: This law makes it a felony to possess a controlled substance with intent to sell it. It’s very commonly charged alongside HS 11352. For example, if someone is caught selling drugs (11352), usually they also had some stash on them or at their house; that stash can be charged as 11351 (possession for sale). The elements are similar (knowledge, quantity, intent), but it doesn’t require the act of selling or transporting – just having the drug with intent to sell is enough. Penalties for 11351 are 2, 3, or 4 years in jail​(slightly lower than 11352’s 3-5 years). Often, prosecutors charge both 11352 and 11351 to cover both the act and the stash. In a plea deal, sometimes the 11352 (sale/transport) might be dropped in exchange for a plea to 11351, especially if no actual sale was witnessed and the evidence is more about possession. People v. Parra (discussed earlier) is an example where defendants were convicted of both 11352 and 11351 for transporting a kilo of cocaine; the transportation was proved by moving it, and possession for sale was proved by the quantity and circumstances.
• HS § 11350 – Simple Possession of a Controlled Substance: This makes it generally a misdemeanor to possess a controlled substance for personal use (thanks to Proposition 47 in 2014, which reduced many drug possessions to misdemeanors). HS 11350 is a much less serious charge – usually punishable by up to 1 year in county jail, and often eligible for drug diversion (meaning the person can get the charge dismissed by completing a treatment program). Prosecutors cannot charge 11350 and 11352 for the same exact act (since 11352 implies intent to distribute, not just possess). However, 11350 might be charged as a lesser included offense or a fallback. In many plea bargains, an attorney’s aim is to get an HS 11352 charge reduced to HS 11350 so the client can avoid a felony conviction and perhaps do a diversion program​. For instance, someone arrested in Los Angeles for a low-level sales incident might, with a lawyer’s help, end up pleading to one count of 11350 (possession) and doing a drug rehabilitation program, after which the charge gets dismissed – a much better outcome than a felony trafficking conviction. So, while 11350 itself might not be charged initially in a sales case, it’s often lurking as a possible resolution if the evidence of intent to sell is weak.
• PC § 182 – Conspiracy: Prosecutors sometimes add a conspiracy charge when two or more people coordinated in the drug operation. If, for example, one person supplied the drugs and another person delivered them, they can be charged with conspiracy to commit HS 11352 (Penal Code 182 makes it a felony to conspire to commit any felony). The punishment for conspiracy to sell/transport drugs can be the same as the underlying crime. Adding a conspiracy count allows prosecutors to introduce evidence of the group’s activities more broadly and to hold all co-conspirators accountable for acts in furtherance of the conspiracy. However, conspiracy charges are a bit less common now unless it’s a larger ring; often just charging the substantive offense is sufficient. But be aware, if multiple people are arrested (say, three friends in a car with a trunk full of drugs, allegedly working together), conspiracy could appear on the complaint.
• PC § 186.22 – Gang Enhancement (Street Terrorism Enforcement and Prevention Act): If the prosecution believes the drug offense was committed for the benefit of, at the direction of, or in association with a criminal street gang, they can allege a gang enhancement under Penal Code 186.22(b). This is an enhancement on top of the drug charge. It can significantly increase the sentence. For a non-“serious” felony like basic HS 11352, a gang enhancement adds a 2, 3, or 4 year prison term​. If the underlying offense is considered “serious” or “violent” (drug sales usually are not, unless very large scale or involving guns), the enhancement can be even more severe (e.g., 5 or 10 years, or even a life term in certain cases). Gangs sometimes involve drug sales as a revenue source, so prosecutors (especially in Los Angeles) might tack on this allegation if there are signs of gang involvement – such as gang tattoos on the accused, being in a known gang area, gang signs or slogans used, or information from gang unit officers. A gang enhancement must be proven with evidence of the gang’s existence and the defendant’s gang membership or association, as well as the crime benefiting the gang. This essentially makes the case much more complex, turning a drug case into a gang case. Defense attorneys can fight gang allegations by arguing the person isn’t a gang member or the crime wasn’t gang-related. If a gang enhancement sticks, though, it lengthens incarceration and limits early parole opportunities. It also paints the defendant in a harsher light. Sometimes a plea deal will involve dropping the gang enhancement if the defendant pleads to the base drug charge, because of how much the enhancement ups the stakes.
• Other Drug-Specific Offenses: Depending on circumstances, there are a few other charges that might accompany an HS 11352 charge:
  • HS § 11366 – Maintaining a Drug House: If someone is accused of opening or maintaining a place for the purpose of selling or using drugs, this could be charged. For example, an apartment out of which dealers operate can lead to this charge. It’s a “wobbler” (felony or misdemeanor). It might show up if, say, the police raid a house and find a sales operation hub.
  • HS § 11355: This makes it a crime to agree to sell a controlled substance but then deliver a fake or substitute substance. It’s a lesser related offense. If someone was not actually selling real drugs (maybe they were scamming the buyer with sugar pills), they technically didn’t violate 11352 (since no real controlled substance was actually furnished), but they did violate 11355. Prosecutors might charge this if the facts support it, or use it as a lesser alternative in a jury trial if there’s doubt the substance was real.
  • HS § 11370.1 – Possession of a Controlled Substance While Armed: If at the time of arrest the person had drugs and a loaded, operable firearm, this separate offense could be charged. It’s actually a distinct crime (not just an enhancement) that carries a 2–4 year prison term. In a case where someone is literally caught red-handed with drugs and a gun, they might face 11352 (for the sales) and 11370.1 for the combination of drugs + gun. However, often prosecutors choose either the enhancement route (PC 12022) or the separate charge, not both.
• Federal Charges Possibility: While your focus is California law, it’s worth noting that large-scale drug trafficking can draw federal charges. The U.S. federal system has its own drug laws (21 U.S.C. §§ 841, 846, etc.) with often harsher mandatory minimum sentences. Usually, local cases stay in state court, but if someone was caught with huge quantities or there was an interstate/international element (like drugs from Mexico), federal agencies might step in. This is relatively rare for family-level cases, but just to be aware.

In summary, an HS 11352 case might not exist in a vacuum. Your loved one could be facing multiple counts and enhancements. For instance, a single incident might result in charges like: Count 1 – HS 11352 (transportation of heroin for sale), Count 2 – HS 11351 (possession of additional heroin for sale found at home), plus allegations of HS 11370.4 weight enhancement and PC 12022 gun enhancement, and maybe a PC 186.22 gang enhancement if applicable. It can sound like an alphabet soup of charges. A defense attorney works to whittle this down, perhaps getting the heavy enhancements dismissed and focusing on the core charge.

Often, a successful outcome in a plea negotiation is that many of these related counts or enhancements are dismissed in exchange for a plea to one count with a reasonable sentence. It’s quite common, for example, for a deal to involve dropping the 11352 charge if the defendant accepts a lower charge (11351 or even 11350) and some agreed-upon jail time or probation. Each additional charge or enhancement is a bargaining chip in that process.

How a Drug Crimes Defense Lawyer Can Help – Call Us Today

Being arrested or seeing a family member arrested under HS 11352 is frightening. You’re likely worried about prison time and what the future holds. The most important step you can take is to consult with an experienced criminal defense attorney who understands California drug laws and knows the local courts in Los Angeles and Orange County. At Power Trial Lawyers, we have a proven track record of handling serious drug cases and achieving favorable outcomes for our clients.

Why choose our firm? We offer compassionate, straightforward guidance to families in crisis. We know that good people can find themselves in bad situations, and we don’t judge – we help. Our team will immediately start by reviewing the evidence for weaknesses: Was the traffic stop legal? Is that informant trustworthy? Did the police lab follow proper protocols? We leave no stone unturned. Our attorneys are skilled in motion practice – if there’s cause to challenge the evidence on constitutional grounds, we will. Early in the case, we’ll also reach out to the prosecutors, sharing our client’s side of the story – often there are mitigating circumstances (addiction issues, mental health factors, lack of prior record, etc.) that can humanize our client and lead to a better result.

We are familiar with local programs and alternatives too. In Los Angeles County, we’ve leveraged progressive prosecution policies to get charges reduced or diverted into rehabilitation whenever possible. In Orange County, where things can be tougher, we know how to negotiate tenaciously and fight aggressively to protect our clients’ rights. We also have the trial experience to take a case to verdict if the D.A. won’t offer a fair deal – and they know it. Simply put, we’re not afraid to go to trial to secure justice for you. Whether it’s dismantling an undercover officer’s testimony on the stand or presenting a compelling case of entrapment to a jury, our trial lawyers excel at poking holes in the state’s case.

Most importantly, we understand what’s at stake – your family’s well-being. A serious drug charge can feel like the end of the world, but it doesn’t have to be. With the right defense, cases can be won or charges reduced. We’ve seen cases that appeared hopeless end with no jail time or lesser misdemeanor outcomes. We’ve helped clients get into treatment instead of prison, allowing them to rebuild their lives.

Do not delay seeking help. The prosecution moves fast to build their case, and early intervention by a defense attorney can make a huge difference. There may be critical evidence to collect (like surveillance videos or witness statements that could clear your loved one) – but if too much time passes, that evidence could be lost. There are also strict time windows to file certain motions (for example, to return seized property or to set up bail hearings). By engaging Power Trial Lawyers early, you give us the best chance to get ahead of the charges and protect your rights from day one.

Contact Us for a Free Consultation

We invite you to reach out to Power Trial Lawyers today for a free, confidential consultation about your case. We have offices in Los Angeles County and Orange County, and our team is available 24/7 to provide urgent legal help when you need it most. We will listen to the details, answer your questions in plain language, and outline a defense plan tailored to your situation.

Call us now or contact us online to speak with an attorney who genuinely cares about fighting for you and your family. The prosecution is already working to convict – let us work even harder to defend and protect your future. With our knowledgeable and passionate legal team by your side, you are not alone in this fight. We will do everything possible to achieve the best outcome and guide you through this ordeal. Your family’s future matters to us, and we are ready to stand up for your rights under California law.

Don’t lose hope. With the right legal strategy, an HS 11352 charge can be managed, mitigated, or defeated. Let Power Trial Lawyers be your advocate and your shield. Contact us today, and let’s start turning this around. Your consultation is free, and we’re ready to help immediately. Remember: the sooner you have a strong lawyer on your side, the better the chances to secure your loved one’s freedom and get them the help they need.