Conspiracy to Sell/Transport Controlled Substance

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In California, conspiracy to sell drug crimes extend further than possession (HS 11350) and possession with intent to sell (HS 11351), charges. There are a variety of crimes that fall under these categories. Narcotics that fall under this section are cocaine, crack, heroin, ecstasy, ketamine, GHD, and even some prescription drugs such as Vicodin or Codeine (if the possessor does not have a valid prescription). Transportation of a controlled substance (HS 11352) charges stem from an individual causing the drugs to be moved from one location to another. The prosecutor only needs to prove minimal movement in order to successfully bring this charge. An individual may be charged with both transportation and possession of a controlled substance; they are two different criminal counts.

Selling (furnishing) a controlled substance means that the drugs “changed hands”. Money does not have to exchange hands. An individual may be charged with this crime so long as they received anything of value for the controlled substance.

There are various defenses that a qualified attorney may use in order to defend a client against these charges. Many people who are accused of these crimes are eligible for PC 1000 or Proposition 36. It is also important to know that as of November of 2014, Proposition 47 changed possession of a controlled substance (HS 11350) from a felony to a misdemeanor.