Transportation & Sales

Transportation & Sales of Drug Defense Attorney

California law makes it illegal to transport, import into California, sell, furnish, administer, or give away drugs. Under the same code sections, it is also illegal to offer to do the same. In a nutshell this section doesn't just punish the selling of drugs but those who give away or even furnish drugs can be punished the same as if they were the ones who actually sold the drugs.

Previously, there was a disparity in the law in that someone could be ultimately punished the same for transporting drugs for personal use as they would for transporting drugs for sale. However, in 2013 the legislation passed and the Governor signed into law Assembly Bill 721, which defines transports as “transport for sale.” This new definition covers both Health Safety §§ 11352 and 11379.

Under Proposition 46, passed on November 8, 2016, selling and transportation of marijuana has significantly lower penalties and sometimes not illegal at all.

California Health & Safety Code § 11352

This section of the law makes it illegal to transport, import into the state, sell, furnish, administer, give or offer to do the same for the all the same drugs listed in same drugs listed in Health and Safety § 11350. The drugs listed in this category include but are not limited to cocaine, crack cocaine, opiates such as heroin, prescription drugs such as codeine or hydrocodone (Vicodin), as well as over 100 other less common drugs.

California Health & Safety Code § 11379

This section of the law makes it illegal to transport, import into the state, sell, furnish, administer, give or offer to do the same for the all the same drugs listed in same drugs listed in Health and Safety § 11377: Methamphetamine.

California Health & Safety Code § 11360

It was previously a felony in California to transport, import into the state, sell, furnish, administer, give or offer marijuana. Proposition 46 has completely changed this law. Now under California Health & Safety § 11362.1(a), it is now legal for those over 21 years old to transport up to one ounce of marijuana or 8 grams of concentrated cannabis. It is also legal to give away the same to others. However, if the person sells the marijuana, it is a misdemeanor, unless the medical marijuana defense applies.

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