Transportation Or Sale

If you are charged with being in possession of a controlled substance for transportation or sale, you need a lawyer who:

  1. Understands the intricacies of the drug possession charges you are facing.
  2. Is extremely up-to-date on laws of search and seizure.
  3. Is familiar with the alternatives to a drug conviction, such as diversion, Prop 36, or drug court.
  4. Is often able to obtain outcomes involving treatment instead of jail.
  5. Understands how to structure outcomes so you can clean up your record.

The following are common controlled substance for transportation or sale offenses. My experience as a criminal defense attorney handling cases in Placer County, Roseville, Granite Bay, Auburn, Lincoln, Rocklin, and Loomis for more than 25 years allows me to get to the best outcome possible on your case.

If you are facing these or other charges, call me at (530) 823-5400 to set up a free consultation.





Sentence Range

With Probation

Sentence Range

Without Probation

H&S 11379(a)

Transportation or sale—stimulant


0 – 365 days

2y, 3y or 4y

H&S 11352

Transportation or sale—opiate


0 – 365 days

3y, 4y or 5y






Drug Registration


Driver’s License Suspension

If under 21

Firearm Possession Prohibition


Diversion Eligibility (PC 1000)


Proposition 36 Eligibility



The transportation or sale of a stimulant is charged as a violation of California Health and Safety Code section 11379(a). The transportation or sale of an opiate is charged as a violation of CA H&S section 11352.

With more than 25 years of experience, I have the criminal defense expertise to make sure your drug sale case is handled as effectively as possible.

Burden of Proof

In order to convict you of a transportation or sale offense, the prosecutor must prove that:

  1. You sold1 , furnished, administered2 , gave away, transported3 , or imported a controlled substance,
  2. You knew you possessed the substance,4
  3. You knew the substance was a controlled substance,5
  4. The controlled substance was methamphetamine or heroin,
  5. There was a sufficient quantity of the substance to be used as a drug (not merely useless traces).
Legal Defenses

Although the specific legal defenses that apply to your case will vary, several defenses are common possession for sale charges. Some of these include (but are not limited to):

  • The controlled substance was discovered during an unlawful search.
  • You did not have actual or constructive possession of the controlled substance.
  • You did not possess the controlled substance with the intent to sell, furnish, administer, give away, transport, or import it—you only intended to use it yourself.

When the police fail to follow the law while searching for drugs or searching your cell phone, the court may refuse to allow the prosecutor to use this unlawfully gathered evidence against you. Since drug and telephone searches are frequently done without a search warrant, careful review of these issues is critical.

Negotiated Settlements

If you decide you cannot successfully defend against the charge, and you need to enter an admission to settle your case, you will want to:

  • Carefully negotiate the offense you admit to.
  • Negotiate to avoid jail, replacing it with treatment.
  • Make arrangements, in advance, to clean up your criminal record as soon as possible.
  • Take advantage of the situation and get healthy.

You may be eligible for diversion or drug court—which can allow you to avoid a conviction on your record and at the same time keep you out of jail.

If you are facing drug charges, I can help. Call me at (530) 823-5400 to set up a free consultation.

1 Selling means exchanging a controlled substance for money, services, or anything of value.

2 A person administers a substance if he or she applies it directly to the body of another person by injection, or by any other means, or causes the other person to inhale, ingest, or otherwise consume the substance

3 A person transports something if he or she carries or moves it from one location to another, even if the distance is short.

4 Two or more people may possess something at the same time. A person does not have to actually hold or touch something, to possess it. It is enough if the person has control over it or the right to control it, either personally or through another person. [CalCrime 2304]

5 The prosecutor does not need to prove you knew which specific controlled substance you sold, furnished, administered, gave away, transported, or imported.

6 A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces or debris are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user. [CalCrime 2304]