What You Need to Know About Drug Transportation Charges Under HS 11352 in San Diego
Facing drug charges in California is a serious matter, especially when it involves the transportation of controlled substances. Under 11352 HS, California law prohibits not only the sale of drugs but also their transportation, distribution, and even offering to do so. In San Diego, prosecutors pursue these cases aggressively, and a conviction can lead to life-altering consequences.
If you or someone you know is being investigated or has been charged under 11352 HS, understanding how the law works is essential. This blog outlines the key elements of the charge, how it’s prosecuted, and the defenses that may be available.
What Is HS 11352?
Under California Health and Safety Code 11352, it is considered a felony to engage in certain actions involving controlled substances, such as selling, transporting, or distributing them.
- Sell
- Furnish
- Administer
- Transport (for sale)
- Import into the state
- Offer to do any of the above
The law applies to a wide range of controlled substances, including:
- Cocaine
- Heroin
- LSD
- Prescription medications like oxycodone or hydrocodone (without a valid prescription)
Importantly, simple transportation of drugs for personal use falls under a different code. 11352 HS specifically applies when there’s intent to sell or distribute.
See also: Determining Liability and Seattle Uber Accident Lawyer
Key Elements Prosecutors Must Prove
1. The Substance Was a Controlled Drug
The prosecution must show that the substance transported falls under the categories listed in California’s Controlled Substances Act.
2. You Knew of the Substance’s Presence
You must have been aware that the drug was present and that it was a controlled substance.
3. You Intended to Sell or Distribute It
Mere possession isn’t enough. Prosecutors must establish that your intent was to sell, furnish, or transport the drug for sale.
4. You Actually Transported or Offered to Transport It
Even if no sale took place, simply moving a controlled substance from one place to another with the intent to sell is enough to trigger charges under 11352 HS.
What Qualifies as Transportation?
In the context of 11352 HS, transportation doesn’t require crossing city or state lines. Simply moving a controlled substance from one location to another, even within San Diego, can qualify—especially if there is intent to distribute.
This includes:
- Driving drugs from one neighborhood to another
- Carrying drugs on public transit
- Walking them across town
If the substance is found in your car or belongings and prosecutors believe you intended to sell or furnish it, you could face charges under this law.
Penalties for Violating 11352 HS in San Diego
Transportation of controlled substances under 11352 HS is a felony in California. The potential consequences include:
- 3, 4, or 5 years in county jail
- Up to 9 years if drugs were transported across two or more county lines
- Fines up to $20,000
- Felony probation in some cases
- Asset seizure
- Mandatory registration as a narcotics offender
- Immigration consequences for non-citizens
Enhanced penalties may apply if the offense involved minors, occurred near a school or rehab facility, or involved large quantities.
Aggravating Factors That Increase Penalties
Some situations may lead to sentence enhancements under 11352 HS, such as:
- Prior convictions for similar drug offenses
- Large quantities of narcotics
- Transport across multiple counties
- Use of minors to facilitate the crime
- Commission near schools or playgrounds
These factors can add years to a potential sentence or eliminate eligibility for probation.
Common Defenses to 11352 HS Charges
Being charged doesn’t automatically mean you’ll be convicted. Depending on your case, several legal defenses may be applicable:
Lack of Intent
If the prosecution cannot prove you intended to sell or distribute the drug, the charge may be reduced to simple possession.
Illegal Search and Seizure
If your rights were violated during a search—such as lacking a valid warrant—evidence obtained may be excluded in court.
Unaware of the Drug’s Presence
If you did not know the drugs were in your car, backpack, or luggage, that could form a basis for dismissal.
Entrapment
If law enforcement pressured or manipulated you into committing a crime you otherwise wouldn’t have, this defense may apply.
Why It’s Important to Act Quickly
A charge under 11352 HS carries serious consequences that can follow you for life—affecting employment, housing, professional licenses, and more. Time is a critical factor. The earlier a defense strategy is developed, the better your chances of resolving the case favorably.
Legal representation is not just about court appearances—it’s about protecting your future, guiding you through complex legal procedures, and ensuring your rights are upheld every step of the way.
Final Thoughts
California’s 11352 HS law is broad and unforgiving. In San Diego, prosecutors take drug transportation charges seriously—especially when intent to sell is suspected. Understanding what the law entails, the evidence required, and the defenses available is the first step toward protecting yourself.
David P. Shapiro Criminal Defense Attorneys help clients facing tough charges make informed decisions and fight for the best possible outcome. Get the guidance and support you need to move forward with confidence.
