Drug Trafficking in California (Health and Safety Code § 11352)

Move it, offer it, even just help someone else do it—and you could be charged with drug trafficking under California Health & Safety Code § 11352. This law doesn’t just target large-scale operations. It’s broad enough to pull in anyone the state believes played a role in transporting or selling a controlled substance, even a single handoff can lead to years behind bars.

If you’re being investigated or already facing charges, the clock is ticking. Drug trafficking cases come with aggressive prosecution, potential enhancements, and consequences that can reshape your life. You need a defense that’s just as relentless.

What Constitutes Drug Trafficking Under California Law?

Health and Safety Code § 11352 is remarkably broad, covering numerous activities related to controlled substances. Under this law, it’s illegal to:

• Transport controlled substances (defined as “transport for sale”)
• Import controlled substances into California
• Sell controlled substances
• Furnish controlled substances
• Administer controlled substances
• Give away controlled substances
• Offer to do any of the above
• Attempt to do any of the above

This law applies to numerous controlled substances, including:

• Heroin
• Cocaine and cocaine base
• Opioids (including prescription medications like oxycodone, hydrocodone, and fentanyl)
• MDMA/Ecstasy
• LSD and other psychedelics
• Various prescription medications classified as narcotics

Importantly, these activities are illegal without a valid prescription or proper licensing (such as a pharmacist or doctor dispensing medication).

Elements Prosecutors Must Prove in Drug Trafficking Cases

For a conviction under Health and Safety Code § 11352, prosecutors must prove beyond a reasonable doubt that:

1. You transported for sale, imported, sold, furnished, administered, or gave away (or offered/attempted to do so) a controlled substance
2. You knew of the substance’s presence
3. You knew the substance was a controlled drug or narcotic
4. The substance was in a usable amount

Note that, unlike possession for sale (HSC § 11351), prosecutors don’t need to prove you personally possessed the drugs—only that you participated in transporting, selling, or distributing them.

Penalties for Drug Trafficking in California

Health and Safety Code § 11352 carries severe penalties:

Base Penalties

• Prison sentence: 3, 4, or 5 years in state prison
• Fines: Up to $20,000
• Felony probation: Rarely granted in trafficking cases

Enhanced Penalties

The law imposes even harsher penalties for transporting drugs between non-contiguous counties (counties that don’t share a border):

• Prison sentence: 3, 6, or 9 years in state prison

Additional enhancements can apply based on:

• Quantity of drugs: Additional time for large quantities
• Prior drug convictions: Each prior conviction can add 3 years
• Gang-related activity: Additional time if the offense benefited a criminal street gang
• Involving minors: Substantial additional time for using minors in drug trafficking
• Firearms possession: Additional time if weapons were involved
• Proximity to schools: Enhancements for sales near schools or parks

The Far-Reaching Impact of a Drug Trafficking Conviction

Beyond prison time, a conviction under HSC § 11352 creates lasting consequences:

• Permanent felony record: Impacts employment, housing, and civil rights
• Professional licenses: Automatic suspension or revocation in many professions
• Immigration consequences: Likely deportation or inadmissibility for non-citizens
• Asset forfeiture: Potential loss of money, vehicles, or property connected to the offense
• Firearms rights: Permanent loss of right to own or possess firearms
• Federal consequences: Potential parallel federal prosecution with even longer sentences
• Future criminal penalties: Enhanced sentencing for any future offenses

Powerful Legal Defenses for Drug Trafficking Charges

Despite the serious nature of trafficking charges, several effective defenses may apply:

1. Fourth Amendment Violations

If police conducted illegal searches or seizures, evidence can be suppressed. Common violations include:

• Warrantless searches without proper exceptions
• Traffic stops without reasonable suspicion
• Searches exceeding the scope of warrants
• Illegal wiretaps or electronic surveillance

2. Lack of Knowledge

You can’t be convicted if you didn’t know you were transporting or selling controlled substances. This defense applies when someone:

• Was unaware of the drugs’ presence
• Didn’t know the true nature of the substances
• Was tricked into transporting or delivering packages containing drugs

3. Entrapment

If law enforcement induced you to commit a crime you wouldn’t otherwise have committed, entrapment may be a valid defense. This typically involves:

• Excessive pressure or coercion by police
• Creating the criminal design
• Using manipulative tactics

4. Insufficient Evidence

The prosecution must prove every element beyond a reasonable doubt. We scrutinize the evidence for weaknesses:

• Chain of custody issues with drug evidence
• Reliability of confidential informants or accomplice testimony
• Lack of surveillance evidence
• Laboratory testing problems

5. Medical or Prescription Defense

In limited circumstances involving prescription medications, there may be legal justifications for certain transfers of controlled substances.

6. Mistaken Identity

Drug trafficking investigations often rely on surveillance, informants, and undercover operations where misidentifications can occur.

The Court Process for Drug Trafficking Cases

Drug trafficking cases involve extensive legal proceedings:

1. Arrest and Booking: Following arrest, you’re processed and typically held pending bail determination.
2. Arraignment: Your first court appearance where charges are formally presented, and you enter a plea. Bail is addressed, though it’s often set high in trafficking cases.
3. Bail Hearing: Given the serious nature of trafficking charges, a separate bail hearing may be necessary to argue for reasonable bail.
4. Preliminary Hearing: A critical proceeding where the prosecution must demonstrate sufficient evidence to proceed to trial. This presents an opportunity to challenge evidence and potentially get charges reduced.
5. Pretrial Motions: This includes motions to suppress evidence, dismiss charges, compel discovery, and other strategic legal maneuvers.
6. Plea Negotiations: Most cases resolve through negotiation rather than trial. Given the severe penalties for trafficking, carefully structured plea agreements can be crucial.
7. Trial: If your case proceeds to trial, both sides present evidence before a judge or jury. Drug trafficking trials often involve complex evidence including surveillance, wiretaps, informant testimony, and expert witnesses.
8. Sentencing: If convicted, the judge determines your sentence within the statutory range, considering factors like criminal history, amount of drugs involved, and other circumstances.

Crucial Information About Drug Trafficking Charges

Here are essential insights about drug trafficking prosecutions in California:

Intent to Sell Is Presumed

Unlike possession for sale cases where prosecutors must prove intent to sell, many trafficking activities under HSC § 11352 don’t require this additional proof. Simply transporting drugs “for sale” (rather than personal use) is sufficient.

Transportation Now Requires “For Sale” Intent

A 2014 amendment to HSC § 11352 now requires prosecutors to prove transportation was “for sale,” which provides a potential defense in transportation cases.

Multi-Agency Investigations Are Common

Trafficking cases often involve multiple law enforcement agencies, including local police, county task forces, California Highway Patrol, and federal agencies like DEA. This complexity can create opportunities to challenge coordination and evidence sharing.

Wiretap Evidence Must Meet Strict Standards

Many trafficking cases rely on wiretaps, which require specific court authorization and strict protocols. Violations of these requirements can lead to evidence suppression.

Alternative Sentencing May Be Available

In some cases, California’s Substance Abuse and Crime Prevention Act (Proposition 36) or drug courts may provide treatment alternatives, though typically only for less serious drug offenses.

Federal Prosecution Remains a Risk

Even after state charges, federal authorities can bring separate charges under the “dual sovereignty” doctrine, potentially resulting in additional penalties.

How The Nieves Law Firm Defends Drug Trafficking Cases

When you work with The Nieves Law Firm on drug trafficking charges, we bring a powerful approach to your defense:

• We conduct independent investigations, often using our own investigators to find witnesses and evidence
• We file aggressive motions to suppress evidence obtained through constitutional violations
• We scrutinize confidential informant credibility and police conduct
• We employ drug defense experts to challenge the prosecution’s case
• We negotiate strategically with prosecutors from a position of strength
• We prepare thoroughly for trial, when necessary
• We develop comprehensive sentencing strategies to minimize penalties

Our attorneys understand the severe consequences of drug trafficking charges and the profound impact they can have on your life, career, and family. We fight relentlessly to protect your rights and secure the best possible outcome.

Take Immediate Action to Protect Your Future

Drug trafficking charges under Health and Safety Code § 11352 represent one of the most serious threats to your freedom you can face in California’s criminal justice system. With potential prison terms of 3-9 years or more with enhancements, these charges demand immediate attention from experienced defense counsel.

At The Nieves Law Firm, we provide powerful, professional legal representation for people facing drug trafficking charges. Contact us today for a confidential consultation about your case and learn how we can help protect your rights, freedom, and future.