Drug Sales

Under California Health and Safety Code 11352 HS, selling illegal drugs and other controlled substances is a felony. A controlled substance is a drug or chemical whose manufacture, possession, and use are strictly regulated on the U.S. Controlled Substances Act.
These drugs include but are not limited to:
● Cocaine (and cocaine base)
● Heroin
● Opiates and their derivatives
● Peyote
● Methamphetamine
● GHB
● Prescription drugs such as codeine and Vicodin

  • State Penalties: <p>The punishment for violating Health and Safety Code 11352 depends on the circumstances and the defendant’s prior record. Mere transportation of illegal drugs or controlled substances can result in 3, 4, or 5 years in prison and a maximum $20,000 fine. If a defendant is convicted of transporting the drugs across two or more county lines for the purposes of distribution and sale, the penalty increases to 3, 6, or 6 years in prison plus a fine.<br> Under Health and Safety Code 11366.7 HS, any wholesaler or retailer who sells a drug, chemical, or device while knowing or intending that it will be used to manufacture a controlled substance for illegal sale and distribution can be charged with a misdemeanor or felony depending on the circumstances and the defendant’s criminal history.<br> When a person is convicted of selling drugs, judges often take additional factors into account and impose a more severe punishment. Known as aggravating factors, they include:<br> ● Selling drugs in certain locations. Anyone convicted of selling heroin, cocaine, or cocaine base within 1000 feet of a drug treatment facility or homeless shelter faces an additional year in prison. <br> ● Mass sales. Selling more than 1 kilo of heroin, cocaine, or cocaine base can subject a person to an additional three years in prison. The punishment escalates by drug weight, with the maximum being 25 years for selling more than 80 kilos. A fine of up to $8,000,000 also applies.<br> ● Prior convictions. If a defendant has a prior conviction for a drug-related offense, they can face an additional and consecutive 3-year term for each conviction.<br> ● Selling to certain parties. If a defendant knew or reasonably should have known that they were selling to customers who were pregnant, convicted of a violent felony, or being treatment for mental illness or drug addiction, judges tend to adopt the harshest prison sentence.</p>
  • Difference between California State and Federal statutes: <p>Federal penalties for selling illegal drugs vary by the substance type, amount sold, and the defendant’s criminal history. Selling heroin, cocaine, LSD, and similar drugs can result in a minimum sentence of 10 years in a federal prison plus fines. If bodily injury or death results from using the drugs, the punishment can increase to life in prison plus a fine of up to $20 million. Selling marijuana and hashish / hashish oil can result in 5 years to life in prison, plus fines.</p>
  • Related Crimes: <p>Allowing others to manufacture drugs in one’s home or other structure, being under the influence of a controlled substance, possessing drug paraphernalia, possession of a controlled substance, and possession of a controlled substance for sale</p>
  • When is the best time to act?: <p>Anyone charged with selling an illegal drug or controlled substance must contact a Los Angeles criminal defense attorney immediately, especially if aggravating factors are alleged and the case will be heard in a federal court, where the punishments tend to be more severe.</p>
  • Successful Defenses: <p>Defenses to drug selling charges include mistaken identity, being in the wrong place at the wrong time, entrapment and illegal search and seizure. If drugs are found in a shared residence, a person may also claim ignorance of any sales activity on the premises.</p>
  • High profile/Government cases: <p>In March 2014 Robert Marzo, 32, was arrested on suspicion of selling illegal drugs out of his high-end residence in Temecula. Police found high quantities of cocaine, money, packaging materials, and drug paraphernalia on the premises, resulting in Marzo being charged with transportation and possession of a controlled substance and being under the influence.</p>
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