How Long Could I Go to Jail for Drug Trafficking in California?

Drug trafficking charges are some of the most aggressively prosecuted crimes in California. If you’re accused of selling, transporting, or importing illegal drugs, you could be looking at years or even decades behind bars.

The exact length of a drug trafficking sentence depends on the specific charges, quantity, and type of drugs involved, as well as your prior criminal history. In this post, we’ll break down the potential jail and prison terms for some common California drug trafficking offenses.

Health and Safety Code 11352 – Transporting, Selling or Giving Away Controlled Substances

HS 11352 makes it a felony to sell, transport, or give away illegal drugs like cocaine, heroin, and prescription narcotics. If convicted of this statute, you face:

• 3, 4, or 5 years in jail
• An additional 3 years if you transported drugs across two or more county lines
• An extra 3 to 25 years if you have prior drug trafficking convictions
• A fine of up to $20,000

Why are the prison ranges so broad? The judge has discretion to choose the low, mid, or high term based on mitigating and aggravating factors. An experienced defense lawyer can argue for the lowest available sentence.

If you’re convicted of HS 11352 for transporting or selling cocaine, heroin, or cocaine base, you must serve your entire sentence in prison. Probation is prohibited in these cases per Penal Code 1203.073(b)(7).

Health and Safety Code 11379 – Transporting Methamphetamine or Phencyclidine (PCP)

Transporting or selling meth carries stiff penalties under HS 11379. If convicted, you could get:

• 2, 3 or 4 years in jail
• An extra year for transporting across 2+ county lines
• A fine up to $10,000

Like HS 11352 above, meth trafficking convictions require a full prison term without chance of probation.

Health and Safety Code 11360 – Transporting or Selling Marijuana

While recreational marijuana is now legal in California, it’s still a crime to sell it without a license or transport large amounts. HS 11360 imposes:

• Up to 6 months jail if less than 28.5 grams
• 2, 3 or 4 years jail if more than 28.5 grams
• An added 3-15 years for multiple prior convictions
• $10,000 maximum fine

However, you may be eligible for probation on HS 11360 charges instead of jail.

Health and Safety Code 11370.4 – Weight Enhancements for Trafficking

If you’re convicted of selling or transporting a large quantity of drugs, you face harsher sentencing under HS 11370.4. These weight enhancements can add:

• 3 years for 1 kg+ of heroin, cocaine, or cocaine base
• 5 years for 4 kg+
• 10 years for 10 kg+
• 15 years for 20 kg+
• 20 years for 40 kg+
• 25 years for 80 kg+

For meth, the quantity thresholds are:

• 1 year for 1 kg+
• 2 years for 4 kg+
• 3 years for 10 kg+
• 4 years for 20 kg+
• 5 years for 40 kg+
• 6 years for 80 kg+

The weight enhancements run consecutively to the underlying sentence. So, you could face decades in prison if convicted of trafficking a massive amount.

Aggravating Factors in Drug Trafficking Cases

Other elements of your case can dramatically increase the prison time for drug trafficking. Aggravating factors that bump up sentences include:

• Prior felony convictions
• Trafficking near drug treatment centers or homeless shelters
• Involving a minor in the trafficking
• Using a firearm while trafficking
• Trafficking across state or international lines

The presence of guns, minors, significant cash, scales, and packaging can all be used to argue trafficking vs simple possession. The DA may also charge federal crimes for interstate trafficking cases.

Defenses to Drug Trafficking Charges in California

Given the huge surge in maximum sentences for aggravating factors, fighting the charges is crucial. Your attorney should examine every angle to get trafficking charges reduced or dismissed.

Common defenses to drug trafficking include:

• Illegal search and seizure
• Entrapment or coercion
• Police misconduct
• Lack of intent to sell
• Mistaken identity
• Crime lab analysis errors
• Duress or necessity

For example, if police searched you or your property without probable cause, your lawyer could file a motion to suppress the illegally obtained evidence. Without that key proof, the DA may be forced to drop or reduce the charges.

Get a Consultation With a Drug Trafficking Defense Pro

Obviously, drug trafficking is an extremely serious charge in California. A conviction could cost you years or decades of freedom. You need a battle-tested defense lawyer to protect your rights and pursue every available defense.

At The Nieves Law Firm, we have a track record of success fighting drug trafficking charges. We know how to challenge illegal searches, biased witnesses, and flimsy evidence. Where appropriate, we can also negotiate with the DA for reduced charges, alternative sentencing, or diversion programs.

Your future is too important to face drug trafficking charges alone. Contact us today for a confidential, no-cost consultation. We’re ready to put our experience and dedication in your corner.