Drug Trafficking & Sales FAQ

California Health and Safety Code Section 11351 criminalizes possession for sale of controlled substances, while Health and Safety Code Section 11352 addresses the actual sale, furnishing, administering, giving away, transporting, or importing of controlled substances. Both are serious felony offenses in California, but they target different aspects of drug distribution activities.

Under HS 11351, you can be convicted for simply possessing drugs with the intent to sell them, even if no actual sale ever takes place. The prosecution must prove you possessed a controlled substance and intended to sell it, typically through circumstantial evidence such as quantity, packaging, scales, large amounts of cash, or communications about drug transactions. This statute allows law enforcement to interrupt drug distribution before sales occur.

HS 11352 requires proof that you actually sold, furnished, administered, gave away, transported for sale, or imported controlled substances. This statute targets completed transactions and active distribution. Transportation for sale means moving drugs from one location to another with intent to distribute them. The key distinction is that HS 11351 focuses on intent to sell, while HS 11352 requires proof that distribution activities actually occurred. Both carry serious penalties including state prison sentences of 2-4 years for HS 11351 and 3-5 years for HS 11352, with enhancements for large quantities, sales to minors, or transportation across county lines.

Drug trafficking penalties under California Health and Safety Code Section 11352 are severe and were not reduced by Proposition 47. The base sentence for selling, transporting for sale, or importing controlled substances is 3, 4, or 5 years in California state prison. Unlike simple possession under HS 11350, trafficking offenses remain serious felonies with mandatory prison time for many defendants, particularly those with prior convictions or involving aggravating factors.

Numerous sentencing enhancements can substantially increase prison time beyond the base sentence. Transporting controlled substances across two or more county lines adds an additional consecutive term of 3, 6, or 9 years under HS 11352. Large quantities of cocaine base, cocaine, or heroin trigger weight-based enhancements under HS 11370.4, adding anywhere from 3 to 25 additional years depending on the amount. Sales to minors, sales within 1,000 feet of schools or other protected areas, and prior drug-related convictions all carry additional enhancements.

Beyond prison sentences, convictions carry substantial collateral consequences. You may face fines up to $20,000 or more depending on the quantity and type of drug. The conviction creates a permanent felony record affecting employment, housing, and civil rights. Professional licenses may be revoked. Non-citizens face mandatory deportation as drug trafficking is an aggravated felony under immigration law. Federal charges may be filed concurrently, especially for interstate trafficking, large quantities, or organized operations, with federal mandatory minimum sentences often exceeding California penalties. Additionally, asset forfeiture allows government seizure of money, vehicles, homes, and other property connected to drug trafficking.

Proving intent to sell under HS 11351 typically relies on circumstantial evidence because defendants rarely admit their sales intent. The most significant factor is quantity. Possessing amounts far exceeding typical personal use creates a strong inference of sales intent. For example, possessing 100 grams of methamphetamine suggests sales rather than personal consumption. Prosecutors present expert testimony from narcotics officers regarding typical personal use quantities versus dealer-level amounts.

Packaging is another critical indicator. Drugs packaged in multiple small, individually wrapped portions, separate baggies, or bindles suggest preparation for sale to multiple customers. Presence of drug packaging materials, digital scales, cutting agents, or other sales paraphernalia strongly supports sales intent. Conversely, lack of drug paraphernalia for personal use like pipes, needles, or bongs undermines the personal use defense. Large amounts of cash, particularly in small denominations, suggest drug proceeds from sales transactions.

Modern investigations heavily rely on electronic evidence. Text messages, social media communications, and phone records showing discussions about drug prices, quantities, meeting locations, or customer arrangements provide direct evidence of sales activity. Pay-owe sheets listing customer names and amounts owed, ledgers, or other records documenting transactions are powerful evidence. Surveillance evidence showing hand-to-hand transactions, multiple short visits to a location, or patterns consistent with drug dealing supports sales charges. Informant testimony and controlled buys arranged by law enforcement provide direct evidence. Expert testimony from narcotics officers explaining these indicia of sales to juries is standard in these prosecutions.

Yes, you can face both California state charges under Health and Safety Code Sections 11351/11352 and federal charges under Title 21 United States Code Section 841 for the same conduct. This is permitted under the "dual sovereignty doctrine," which holds that state and federal governments are separate sovereigns, and prosecution by both does not violate the Fifth Amendment's Double Jeopardy Clause prohibiting multiple prosecutions for the same offense.

Federal authorities typically exercise jurisdiction in cases involving interstate drug trafficking, large quantities of controlled substances, organized drug distribution networks, use of firearms in connection with drug trafficking, trafficking occurring on federal property, or defendants with significant prior felony records. The decision whether to prosecute in state or federal court (or both) involves coordination between local law enforcement, state prosecutors, and federal agencies like the DEA, FBI, or ATF.

Federal drug trafficking charges carry significantly harsher penalties than California state charges. Federal mandatory minimum sentences apply based on drug type and quantity. For example, 5 kilograms of cocaine triggers a 10-year mandatory minimum federal sentence, while 50 grams of methamphetamine (actual) or 500 grams (mixture) triggers a 5-year mandatory minimum. These mandatory minimums cannot be reduced even for first-time offenders with mitigating circumstances. Federal sentences are served in federal Bureau of Prisons facilities (often far from California), with no parole and only limited good-time credit reducing sentences by approximately 15%. Given the dramatically different consequences, whether charges are filed in state or federal court is often the most critical factor in a drug trafficking case.

HS 11351 and 11352 apply to all controlled substances listed in California Health and Safety Code Sections 11054, 11055, 11056, 11057, and 11058. These include narcotics, stimulants, depressants, hallucinogens, and other dangerous drugs. The most commonly prosecuted substances include cocaine and crack cocaine (cocaine base), heroin and other opiates, methamphetamine and amphetamine, MDMA (ecstasy), LSD and other hallucinogens, PCP (phencyclidine), and GHB (gamma-hydroxybutyric acid).

The statutes also cover prescription medications when possessed or sold without valid authorization. This includes opioid pain medications like oxycodone (OxyContin), hydrocodone (Vicodin), morphine, and fentanyl, which are Schedule II controlled substances. Possessing or selling these prescription drugs without a valid prescription from a licensed physician for personal use constitutes a violation. The growing opioid epidemic has led to increased prosecutions for illegal prescription drug sales.

Importantly, marijuana is excluded from HS 11351 and 11352 following California's legalization of adult recreational marijuana use under Proposition 64 (effective January 1, 2018). Adults 21 and over may legally possess up to 28.5 grams of marijuana and 8 grams of concentrated cannabis. However, sales without proper licensing, sales to minors, and possession of amounts exceeding legal limits can still result in criminal charges under other statutes. Additionally, synthetic cannabinoids (often called "spice" or "K2") and synthetic cathinones ("bath salts") are controlled substances subject to these trafficking laws despite being chemically different from marijuana.

The most powerful defense in many drug trafficking cases is challenging illegal search and seizure under the Fourth Amendment to the United States Constitution. Law enforcement must have legal justification to stop you, search your person or property, or seize evidence. Common Fourth Amendment violations include unlawful traffic stops without reasonable suspicion, searches exceeding the scope of consent, warrantless searches without applicable exceptions, and searches based on insufficient probable cause. If your attorney successfully argues that evidence was obtained through an illegal search, that evidence must be suppressed and cannot be used against you, often resulting in dismissal of all charges.

Lack of knowledge is another strong defense, particularly in constructive possession cases. If drugs are found in a vehicle, home, or other location you share with others, the prosecution must prove beyond a reasonable doubt that you knew the drugs were there. Similarly, lack of intent to sell is critical for HS 11351 charges. Your attorney may argue that drugs were possessed for personal use only, not for sale. Evidence supporting this includes amounts consistent with personal use, presence of drug paraphernalia for consumption, absence of packaging materials or scales, no large amounts of cash, and no communications about sales. Successfully demonstrating personal use intent may result in reduction from felony trafficking charges to misdemeanor simple possession under HS 11350.

Additional defenses include entrapment, where law enforcement induced you to commit a crime you were not predisposed to commit through pressure, harassment, or fraudulent representations exceeding mere opportunity; chain of custody problems where the prosecution cannot establish that the drugs tested by the lab are the same drugs seized from you; police misconduct including planted evidence, coerced confessions, or Miranda violations; mistaken identity in cases relying on witness identification or surveillance; and valid prescription or authorization for controlled substances. Each case requires thorough investigation of the facts, review of police reports and evidence, and strategic application of applicable defenses by an experienced criminal defense attorney.

Drug quantity dramatically impacts both the likelihood of trafficking charges and the severity of sentences. Large quantities create a strong presumption of sales intent rather than personal use, making it much easier for prosecutors to prove HS 11351 or HS 11352 violations. Conversely, small amounts may support a personal use defense, potentially reducing charges from felony trafficking to misdemeanor simple possession under HS 11350. Prosecutors and law enforcement rely on expert testimony about typical personal use amounts versus dealer-level quantities for different drugs.

California law provides specific sentencing enhancements based on drug weight under Health and Safety Code Section 11370.4. These enhancements add consecutive prison terms to the base sentence. For cocaine base (crack cocaine), the enhancements are: more than 1 kilogram adds 3 years, more than 4 kilograms adds 5 years, more than 10 kilograms adds 10 years, more than 20 kilograms adds 15 years, more than 40 kilograms adds 20 years, and more than 80 kilograms adds 25 years. Similar tiered enhancements apply to heroin and other specified controlled substances.

At the federal level, drug quantity triggers mandatory minimum sentences under 21 USC 841(b). These mandatory minimums are harsh and inflexible. For example, 5 kilograms or more of cocaine triggers a 10-year mandatory minimum federal sentence (20 years with prior felony drug conviction), while 500 grams to 5 kilograms triggers a 5-year mandatory minimum. For methamphetamine, 50 grams of actual meth (or 500 grams of mixture) triggers a 5-year mandatory minimum, while 500 grams actual (or 5 kilograms mixture) triggers 10 years. These federal mandatory minimums cannot be reduced regardless of mitigating circumstances, cooperation, or first-time offender status, making federal prosecution dramatically more severe than California state prosecution for large-quantity cases.

Both selling and transporting controlled substances are prohibited under California Health and Safety Code Section 11352, but they involve different conduct. Selling means exchanging, trading, or transferring drugs to another person for money or other valuable consideration. This includes traditional cash sales, bartering drugs for goods or services, or any transaction where drugs change hands for compensation. The sale is complete when the drugs and consideration are exchanged, regardless of the amount of money or quantity of drugs involved.

Transporting means carrying or moving controlled substances from one location to another with the intent to sell them. Under HS 11352, mere transportation is insufficient for conviction; the prosecution must prove beyond a reasonable doubt that the transportation was for the purpose of sale, not personal use. Simply moving drugs from your home to a friend's house for personal consumption does not violate HS 11352. However, moving drugs to meet customers, deliver to dealers, or distribute to multiple locations constitutes transportation for sale.

The distinction is significant for sentencing purposes. Transportation for sale across two or more county lines triggers an enhanced sentence under HS 11352(a), adding a consecutive term of 3, 6, or 9 years to the base sentence. For example, transporting cocaine from Los Angeles County to Orange County for sale purposes would trigger this enhancement. Prosecutors must prove the drugs crossed county lines, which they typically establish through GPS data, surveillance evidence, witness testimony, or defendant statements. The transportation enhancement makes these offenses particularly serious, often resulting in sentences of 6-14 years or more when combined with base sentences and other enhancements.

Probation is possible but not guaranteed for drug trafficking offenses under HS 11351 and HS 11352. Unlike simple possession charges where probation with drug treatment is common, trafficking charges are serious felonies where courts often impose state prison sentences. However, California Penal Code Section 1203 grants judges discretion to award felony probation (also called "formal probation") in lieu of prison for certain defendants, typically as part of a negotiated plea agreement.

Courts consider numerous factors when deciding whether to grant probation for trafficking offenses. Favorable factors include: no prior criminal record, particularly no prior drug convictions; small quantities of drugs involved; no weapons found during arrest; no sales to minors or vulnerable individuals; no trafficking near schools or protected areas; genuine substance abuse problem and commitment to treatment; strong family ties and community support; steady employment history; and sincere remorse and acceptance of responsibility. Conversely, factors weighing against probation include prior felony convictions, large quantities of drugs, presence of firearms, sales to minors, organized drug dealing operations, and lack of genuine remorse or minimization of conduct.

When probation is granted for trafficking charges, it typically includes substantial conditions. These commonly include county jail time of up to one year as a condition of probation, completion of residential or outpatient drug treatment programs, frequent random drug and alcohol testing, strict supervision by probation officers with regular check-ins, community service hours, substantial fines and restitution, search conditions allowing warrantless searches, prohibitions on associating with known drug users or dealers, and restrictions on travel. Violation of any probation condition can result in revocation of probation and imposition of the full prison sentence. Given the severity of trafficking charges, obtaining probation requires strong advocacy from an experienced criminal defense attorney who can present compelling mitigation evidence to the court.

Drug trafficking convictions under California Health and Safety Code Sections 11351 and 11352 constitute "aggravated felonies" under federal immigration law pursuant to 8 U.S.C. Section 1101(a)(43)(B). This classification triggers the most severe immigration consequences possible, including mandatory deportation for non-citizens with virtually no relief available. Unlike some criminal convictions where discretionary relief might be possible, aggravated felonies create an absolute bar to remaining in the United States.

The consequences apply regardless of immigration status. Lawful permanent residents (green card holders), even those who have lived in the United States for decades, face mandatory removal proceedings following drug trafficking convictions. Temporary visa holders, DACA recipients, asylum applicants, and undocumented immigrants all face deportation. The conviction makes you inadmissible to the United States, meaning you cannot legally return if deported. It bars you from naturalization to U.S. citizenship. It eliminates eligibility for cancellation of removal, asylum, and most other forms of relief from deportation.

Additionally, drug trafficking convictions trigger expedited removal procedures and mandatory detention without bond during removal proceedings. Immigration judges lack discretion to consider equitable factors like family ties, length of U.S. residence, rehabilitation, or hardship when aggravated felonies are involved. There is no statute of limitations; immigration authorities can initiate removal proceedings years or even decades after conviction. Given these devastating consequences, non-citizens facing drug trafficking charges should immediately consult both a criminal defense attorney and an experienced immigration attorney. In some cases, negotiating a plea to a different offense that does not constitute an aggravated felony may be possible, preserving immigration status while still resolving the criminal case.