San Diego Drug Defense Attorney
The transportation of a controlled substance is defined as any illegal movement of a controlled substance from one location to another. The length, distance or mode of transportation is insignificant in the eyes of the law. Walking drugs to a neighbor’s house will fall under the same umbrella of “transportation” as shipping drugs via aircraft across state lines.
Additionally, one does not even need to be in actual possession of the substance. Right of control over the drugs or ability to control the actions of the individual actually in possession of them at the time of arrest will be sufficient. In California, the crime of transporting a controlled substance is punished by California Health and Safety Code § 11352.
Types of Controlled Substances
Controlled substances applicable under this section include any of the following:
- Opiates and opiate derivatives
- Cocaine based stimulants and any derivatives thereof
- Amphetamines and any derivatives thereof
- Hallucinogenic substances including mescaline, peyote, tetrahydrocannabinols and any derivatives thereof
The prosecution must also prove that you had actual knowledge and intent to transport a usable amount of the controlled substance. You could very well be wrongfully charged under this section if you did not actually know of the transportation of the controlled substance, or if you were induced into transporting the substance against your will by use of force or physical harm to you or a loved one.
Transportation Charges for Prescription Drugs
Additional issues arise with regards to the transportation prescription drugs such as properly prescribed medical marijuana. Despite the passage of Prop 215, legitimate medicinal marijuana patients who choose to purchase rather than grow their prescribed medication are often surprised to find themselves prosecuted under this section as well.
While they have every right to transport the medicine from the dispensary to their home under California Law, because the law is still unsettled in the eyes of many law enforcement officers, prosecuting attorneys, and even in some courts, charges can be filed and criminal proceedings instituted against individuals wrongfully accused of illegal transportation. Even with the law on their side, without proper representation, these individuals can still face the threat of incarceration and substantial fines.
Sentencing for Drug Transportation
California is especially tough on the transportation of drugs for fear of potential violence that is generally attached to the offense. Punishment for HS §11352 can result in substantial fines or as much as a 9 year prison sentence, per incident, if the drugs are alleged to be transported across county lines. When determining sentence, the court will consider several factors regarding the offense. Most notably the court will consider:
- the type of drug being transferred,
- the geographic location of the transportation; across state county lines or imported from, another country
- the amount of drugs being transferred, and
- whether or not there were any minors involved
Arrested in San Diego? Get help from Attorney Marc Kohnen!
If you are arrested and charged with a violation of this section, it is imperative that your lawyer has an intricate understanding of both your case and these elements. Obtaining experienced and knowledgeable representation can drastically increase your chances of minimizing the penalty, or having the charged dismissed altogether provided a proper case can be made to negate the applicability of the offense to your alleged conduct.
Attorney Marc Kohnen has years of experience aggressively and passionately fighting for individuals accused of drug transportation. If you or a loved one has been charged with transporting a controlled substance, contact The Law Office of Marc S. Kohnen to retain powerful defense for your case!
“When I met Marc, I was immediately relieved. His calm and professional demeanor was exactly what I needed. He handled my case without a hiccup.”
Heather M. | Rosemead, CA
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Our Law office
Contact The Law Office of Marc S. Kohnen if you have been arrested and charged with a crime and need a skilled San Diego criminal defense lawyer. The firm represents clients throughout the community, and you can learn about their services by visiting the Areas We Serve page.Office of Marc S. Kohnen
1350 Columbia Street, #700
San Diego, CA 92101