Therefore, you need to know what you’re facing when you’re arrested for this offense. California takes a dim view of people who transport and sell drugs, so you need to know what you’re up against.

How Does the Law Define Drug Trafficking in California

Under California Health and Safety Code 11352, the sale and transport of controlled substances is illegal. To further define the law, below are examples of what it means to traffic and sell illegal drugs:

• Selling, furnishing, or administering drugs or giving drugs away, transporting them for sale, or importing illegal drugs into the state.
• Knowing that a drug is a controlled and illegal substance.
• Possessing a “usable” amount of the drug.

Basically, the 11352 code prohibits the sale or movement of drugs in any way, shape, or form. Drug trafficking therefore can include using a bicycle or car to transport drugs, or selling them on foot. Therefore, you can face a felony charge by selling a small amount of drugs to an acquaintance or friend.

U.S. Drug Trafficking Federal Investigations

Federal authorities may become involved in an investigation for the transport of drugs if one of more of the following incidents apply:

• The suspicion exists that drugs are being moved across a state or over state boundaries.
• Drug sales are taking place where federal authorities have increased surveillance because of a high level of drug activity. These areas are known as High Intensity Drug Trafficking Areas (HIDTAs)
• Large amounts of methamphetamine are suspected of being moved during drug transport.

When facing trafficking charges for drugs, the penalties are determined by the volume of drugs trafficked and sold or whether injuries or deaths occurred because of the activity. Penalties may range from a five-year prison sentence to life in a penitentiary and steep fines – some that start at $5 million.

California’s HS 11352: What Drugs It Covers

Some of the primary drugs covered under HS 11352 include the following controlled substances:

• Cocaine
• Gamma-hydroxybutyric acid or GHB
• Opiates
• Heroin
• Peyote
• LSD

In addition, certain prescription drugs are included, such as oxycodone (Oxycontin) and the brand, Vicodin (hydrocodone). While the code does not cover the sale and transport of methamphetamine or marijuana, other codes do cover the substances.

Examples of HS 11352 Charges

Let’s say you’re arrested for breaking the law under HS 11352. In this case, you may be charged with drug trafficking and selling if you do the following:

• Selling a friend a bottle of Vicodin to make some additional money.
• Selling peyote that you grow yourself to a neighbor.
• Transporting heroin or cocaine to another location for a friend who is a drug dealer.

The two primary classification under HS 11352 then includes transport of a controlled substance and selling or furnishing the drug.

Drug Transport: How It Is Defined

In the most basic terms, transporting a controlled substance involves the movement or the carrying of illegal drugs from one place to the next. So, even if you only walk a couple feet and sell  a drug, you can still be arrested for trafficking. Whether you’re riding a bike, operating a car, landing a plane, or walking, all these forms of transport are covered under drug trafficking.

To be convicted of drug trafficking charges then, the prosecution must show that you intended to sell the drug and that you had a usable amount in your possession. Transporting a trace amount of a drug does not count as an HS 11352 violation. 

You can still be charged with selling a controlled substance, even if you give away the drug for free. That is why it is in your best interest to consult with a drug crimes defense lawyer right away.

Plus, you don’t need to handle drugs personally to get arrested for trafficking. You can still be found guilty if you have constructive possession. This means you can still be convicted if you paid someone to transport the controlled substance or you were paid upon delivery.

Related Drug Charges

The transport of marijuana falls under the state code HS 11360, which also covers selling or furnishing the drug or giving it away for free. This type of penalty could lead to a three or four-year term in jail. 

For the transport of methamphetamines, you may be convicted under code HS 11379. This law covers drug trafficking of methamphetamines, such as MDMA (known as “ecstasy”), ketamine, and PCP. Most of the arrests involve users.

Drug trafficking comes in various forms, so you need to take your case seriously and obtain legal help right away. Because California has strict drug laws, you need to work with a lawyer who understands how to support your concerns when you’re arrested for trafficking and/or selling drugs.

Who to Contact in California About Drug Trafficking Charges

In California, contact the law firm of Jance M. Weberman. You can call the firm now at (213) 386-9100. If you have been convicted of any drug crimes, you need an experienced drug crimes defense lawyer on your side. Make sure your legal representation places a priority on your defense and a positive resolution of your case.

The post Have You Been Charged with Drug Trafficking in California? appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Schedules Related to Drug Crime Enforcement

In 1970, the Controlled Substances Act was enacted, classifying narcotic substances into five “schedules.” Narcotics are therefore classified and assessed in great part by the Drug Enforcement Administration (DEA) and the Federal Drug Administration (FDA).

The potential for abuse and medical applications for drugs determine how they are arranged by schedule. The medications with the greatest risks are listed in Schedule I, while those with the least potential for addiction are listed in Schedule V.

Certain designations on the list, particularly marijuana, which is a Schedule I drug, are the subject of some debate. For example, cannabis is classified in a higher schedule than cocaine, despite the feeling by some that it is not as addictive. 

While there have been numerous efforts to have marijuana reclassified from Schedule I, none have been successful even though the drug is widely accepted as a medical or recreational drug in the majority of states.

Nevertheless, the drug is still considered highly addictive by the Drug Enforcement Agency (DEA) and U.S. Food and Drug Administration (FDA). Both agencies concur that that drug has no medical use for treatment.

Schedule I Drugs

Schedule I narcotics include marijuana, heroin, LSD, peyote, and ecstasy. These are not recognized as being medically useful and therefore present a significant potential for misuse.

Schedule II Substances

Drugs under schedule II include cocaine, methamphetamine, oxycodone, Vicodin, and Adderall. Although these substances have a strong potential for abuse, they are viewed as less dangerous than Schedule I substances.

Schedule III Narcotics

Controlled substances under this schedule include anabolic steroids, ketamine, and testosterone. Schedule III medications have certain medical applications but also carry a danger of dependence.

Schedule IV Drugs

The drugs, Ambien, Xanax, Valium, and Ativan are categorized as Schedule IV substances. There is less probability that these medications will be abused.

Schedule V Drugs

Cough suppressants are listed as Schedule V drugs. The majority of the pharmaceuticals under Schedule V are taken as over-the-counter medications and have the lowest risk.

Misdemeanor Drug Charges

Usually, a drug offense is considered a misdemeanor if you’re in possession of a Schedule III or IV substance or you possess 4 ounces or less of marijuana. You may also receive a misdemeanor charge if you’re caught with drug paraphernalia. Misdemeanor drug charges carry, on average, up to one year in jail or a fine of up to $4,000.

You may face a felony charge if you are carrying over a certain amount of a Schedule III or IV substance or are in possession of a group I or II substance. Growing marijuana is also considered a felony as is drug distribution or the intent to distribute drugs.

A felony, if you’re convicted, can lead to the loss of certain rights, such as owning a firearm or, if you have been convicted of drug trafficking, the loss of being able to travel outside the U.S. It’s easy to see how courts make this ruling, as drug traffickers often are involved in transnational shipments.

For example, the DEA reports that cocaine remains a major drug threat in the Caribbean, with transshipment points located between South America and the U.S. The drug is usually delivered to islands through the use of maritime vessels from places such as the Dominican Republic, Venezuela, or Colombia. This type of activity is viewed as a risk to national security.

Crossing the State Line – Why A Drug Crime Turns Into a Federal Offense

Any crime committed over state lines may be prosecuted as a federal offense. Therefore, authorities can charge you with federal drug trafficking if you’re discovered with a controlled substance while traveling intra-state.

The charge you receive for a drug offense depends on the kind of substance involved and whether or not you have a criminal history. If you’re facing a serious charge, you might be facing prison time from five to 40 years. This charge may also include as much as $2,000,000 in fines. 

If you take part in drug trafficking, and it leads to another person getting injured or dying, you could receive a life sentence.

Keep in mind that drug trafficking is far more serious than possessing drugs. If you’re charged with drug possession, law enforcement officials may charge you with trafficking if they believe you intended to sell the drug. Therefore, if you’re found with a large amount of cash or drugs, you may face drug distribution charges.

The FBI reported that almost 4% of homicides in 2007 were narcotics-related. These crimes were committed during drug trafficking or drug manufacturing. That is also why the court system takes a dim view of trafficking. 

Drug Crimes on Public Property

You might be charged with a federal offense if your crime was committed on public property. Public property includes any property in the public domain, or a site used by the public, such as a military installation, a national zoo or aquarium, or a national park.

One of the most common drug activities that take place on public lands is the cultivation and harvesting of marijuana.

The Drug Enforcement Administration or DEA is responsible for upholding the laws that govern banned substances. Therefore, the agency primarily focuses on arresting and prosecuting people who cultivate, manufacture, or distribute illegal substances. They also investigate activities where narcotics are imported from outside the U.S.

Minimum Punishments for Federal Drug Offenses

Mandatory minimum penalties are required for several federal drug offenses. This means that the judge must impose a minimum prison term for a defendant if they are found guilty of a specific drug crime. 

A judge can only impose a sentence with a penalty that is less than the mandatory minimum requirement if a prosecutor specifically requests it.

The obligatory minimum penalty for the majority of federal drug offenses is either five or ten years in prison. If the offender has a prior state or federal drug felony conviction, or if the drug offense they committed caused harm or death, they might be sentenced to at least 20 years for their crime.

Call Jance M. Weberman If You’ve Been Accused of a  Federal Drug Crime

An illegal drug accusation is of the utmost seriousness. Even a non-violent drug offense carries a lengthy prison sentence and high fines. Contact a knowledgeable defense lawyer as soon as you learn that you are under investigation or have been charged. In Los Angeles, call Jance M. Weberman, a Professional Law Corp at (213) 386-9100 ASAP.

The post When Is a Drug Crime Considered a Felony? appeared first on Jance Weberman | Winning Los Angeles Lawyer.

A drug crimes lawyer Los Angeles explains

The legal system is complex and may seem intimidating to those who do not know its inner workings. People without legal representation are often taken advantage of and pressed into plea bargains that end in jail time. Without the best drug crimes lawyer Los Angeles, they would end plead guilty to a felony and end up behind bars.

Drug crimes attorneys have sufficient experience to represent their clients’ best interests. Their interactions with prosecutors could lead to a plea deal that favors the client, especially in less serious offenses. Alternatively, they will take the case to court.

The wheels of justice grind slowly

Overburdened courts are reluctant to hear minor drug possession charges as they cause unnecessary backlogs in trying other, more severe cases. Therefore, an offender is likely to be offered a deal, according to a drug crimes lawyer Los Angeles. Most deals are negotiated between lawyers and only apply if you accept the terms.

Waiting to appear in court can take months or even years, depending on your local legal system. With a great lawyer on your side, the case can be disposed of without waiting lengthy periods and having it hanging over your head.

Drug possession defenses

If you are caught up in a situation and arrested for drug possession, an attorney can defend your case. Examples of drug possession offenses include illegal search and seizure or the drugs belonging to someone else.

For example, if the police do not conduct a drug search according to stipulated procedures, any evidence they find is excluded. Additionally, if drugs belonging to someone else are found in your house or car, dropped charges against you should follow. The state must prove they were your drugs and whether they were for personal use or intended for distribution to others.

Arrested for drug possession? What should you do?

Jance Weberman knows that not all drug possession cases should end in jail time. He and his highly competent team of attorneys at Weberman Law will represent their clients’ interests and secure the best possible outcome. Call (213) 386-9100 for a consultation as soon as possible to have a lawyer on your side from the start. With your legal rights protected, you can rest assured that you will have robust representation and avoid receiving undue punishment.

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