California Health & Safety Code 11352 – Drug Transportation and Sales

Overview

California Health & Safety Code 11352 HS makes it a felony to sell, furnish, administer, give away, or transport certain controlled substances—including cocaine, heroin, and prescription opioids—with the intent to sell or distribute.

At Jones Trial Attorneys, we understand that these charges are often filed based on circumstantial evidence—like text messages, cash, or travel patterns—not actual sales. We challenge these assumptions and fight for your rights from the moment of arrest to the final hearing.

Legal Definition

Health & Safety Code § 11352 prohibits:

“Transporting, importing into this state, selling, furnishing, administering, or giving away… a controlled substance specified in [Schedule I and II].”

Covered substances include:

• Heroin

• Cocaine

• Oxycodone

• Hydrocodone

• LSD and MDMA (Ecstasy)

• Prescription drugs (without a valid prescription)

Elements of the Crime

To convict someone under HS 11352, the prosecution must prove:

1. You transported, sold, or furnished a controlled substance;

2. You knew the substance was a controlled drug;

3. You knew of its presence; and

4. The substance was in a usable amount.

“Transportation” can include moving drugs by foot, vehicle, or any distance, even within the same city.

Penalties for Drug Transportation (HS 11352)

HS 11352 is a felony, punishable by:

• 3, 4, or 5 years in state prison

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

• Formal probation (in limited cases)

• Fines up to $20,000

• Mandatory drug offender registration

Sentence enhancements apply if:

• The offense occurred near a school, homeless shelter, or drug treatment facility

• The defendant has prior drug convictions

• Large quantities were involved

Defenses to HS 11352 Charges

We’ve defended drug transportation and sale charges across San Diego County. Common defenses include:

• Lack of intent to sell – You possessed the drugs for personal use (may reduce to HS 11350)

• Illegal search and seizure – Fourth Amendment violations often lead to dismissal

• Entrapment – You were coerced or manipulated by law enforcement

• No knowledge – You didn’t know the drugs were present (common in rideshare, rentals, or third-party property)

• Insufficient quantity – No usable amount of a controlled substance

We also explore Prop 36, diversion programs, and drug treatment options in qualifying cases.

Immigration and Employment Consequences

Convictions under HS 11352 carry especially harsh consequences for non-citizens and working professionals:

• Automatic deportation or inadmissibility

• Loss of DACA, green card, or visa eligibility

• Barriers to licensure in medicine, nursing, transportation, and education

We build tailored defenses that aim to avoid conviction, minimize exposure, and preserve your immigration status.

Related Offenses

• HS 11350 – Simple Possession

Lesser charge without intent to distribute

• HS 11351 – Possession for Sale

Charged when drugs are packaged but not yet sold or moved

• HS 11379 – Transportation of Methamphetamine

Applies specifically to meth and certain stimulants

How Jones Trial Attorneys Can Help

Drug transportation charges are serious and complex—and we treat them that way. From search-and-seizure litigation to negotiation or trial, we bring decades of experience in challenging police conduct and prosecutorial overreach.

💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience

Talk to a Drug Crimes Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.