California Health & Safety Code §11352 — Sales / Transportation of Drugs
HS §11352 punishes the sale, furnishing, administering, giving away, transporting, or importing of a Schedule I or II controlled substance. It is a straight felony carrying 3, 4, or 5 years in state prison (up to 9 years for cross-county transportation), up to $20,000 fine, and severe immigration consequences. §11352 is not eligible for Prop 47 reduction or standard PC §1000 diversion.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Sales / Transportation of Drugs Cases in All LA County Courts
01 — Quick Facts
HS §11352 — Sales / Transportation of Drugs at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Health & Safety Code §11352 — Sales / Transportation |
| Code Type | Health & Safety Code (HS) |
| Classification | Straight Felony |
| Prison Term | 3, 4, or 5 years state prison (9 years cross-county) |
| Fine | Up to $20,000 |
| Strike | No (not a serious/violent felony) |
| Probation | Discretionary; restricted by weight enhancements |
| Prop 47 | NOT eligible |
| PC §1000 Diversion | NOT eligible — sales excluded |
| Immigration | Aggravated felony — mandatory deportation |
| Firearm Rights | Lifetime state and federal ban |
| If Charged | Call (213) 723-2337 — 24/7 free consultation |
01 — What Is HS §11352?
What Is California Code §11352?
HS §11352 Reads:
"Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance ... shall be punished by imprisonment ... for three, four, or five years."
— California Health & Safety Code §11352(a)
HS §11352 is the completed-sale companion to §11351's possession-for-sale statute. It covers the full range of drug-transfer conduct — actual sale, furnishing (giving), administering (injecting/dispensing), giving away, transporting from one location to another, and importing into California. AB 1810 amendments in 2013 clarified that transportation now requires transportation 'for sale' — mere personal-use transport is charged under simple possession.
The AB 1810 Amendment — Transport 'for Sale'
Prior to 2013, any personal transportation of a controlled substance was §11352. Post-2013, HS §11352(c) requires transportation to be 'for sale.' Personal-use transport is now §11350.
§11352 — Sales / Transportation for Sale
Straight felony. 3, 4, or 5 years prison. Cross-county transport carries 9-year top. Not diversion eligible.
§11350 — Simple Possession (Post-AB 1810)
Prop 47 misdemeanor. Personal-use transport folded into simple possession. Diversion eligible under PC §1000.
Why This Law Matters
§11352 is prosecuted aggressively at LAX, ports, freeway checkpoints, and border-adjacent inspection stations. Cross-county transportation (25+ miles) triggers a 9-year top under §11352(b). Weight enhancements under HS §11370.4 add 3–25 years. And because §11352 is a categorical aggravated felony, immigration consequences dwarf the sentence for non-citizens.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under HS §11352
To convict under HS §11352, the prosecution must prove one of several actus reus alternatives plus mental-state elements (CALCRIM 2300).
You Sold, Furnished, Administered, Gave Away, Transported for Sale, or Imported a Controlled Substance
Any one of the enumerated acts satisfies §11352. Sale requires exchange for value; furnishing/giving does not require exchange; transportation now requires 'for sale' intent under AB 1810.
You Knew of the Substance's Presence
You knew the drugs were where they were found or where you transferred them.
You Knew the Substance's Nature As a Controlled Drug
You knew or reasonably should have known that the substance was a controlled drug — not just a powder or pill.
The Substance Was a Usable Amount
Trace residue insufficient for consumption does not qualify. There must be enough substance for use or sale.
The Transport Was 'For Sale' (Transportation Cases Only)
Post-AB 1810, transportation cases require the People to prove the movement was for sale — not for personal use.
04 — Penalties
Penalties for HS §11352 Sales / Transportation of Drugs in California
§11352 exposure varies with drug type, distance transported, and weight. Weight enhancements add years mandatorily.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Base §11352 | HS §11352(a) | 3, 4, or 5 years state prison | Discretionary | No |
| §11352(b) Cross-County (25+ miles) | HS §11352(b) | 3, 6, or 9 years state prison | Discretionary | No |
| §11352 + 1 kg | HS §11370.4(a)(1) | +3 years consecutive | Prohibited | No |
| §11352 + 4 kg | HS §11370.4(a)(2) | +5 years consecutive | Prohibited | No |
| §11352 + 10 kg | HS §11370.4(a)(3) | +10 years consecutive | Prohibited | No |
| §11352 + Prior HS Conviction | HS §11370.2 | +3 years per prior | Prohibited | No |
Common §11352 Enhancements
Cross-County Transport (25+ miles)
HS §11352(b)
Increases the top term to 9 years for transportation across two or more non-contiguous counties.
Weight Enhancement
HS §11370.4
Adds 3, 5, 10, 15, or 25 years consecutive at 1kg, 4kg, 10kg, 20kg, and 40kg drug-weight thresholds.
Sales Near School
HS §11353.6
Adds 3–5 years for sales within 1,000 feet of a school.
Sales to Minors
HS §11353
Substantive felony — 3, 6, or 9 years prison when substance furnished to person under 18.
Firearm Use
PC §12022(c)
Adds 3, 4, or 5 years when personally armed with firearm during transaction.
Prior Drug Convictions
HS §11370.2
Adds 3 years per prior §11351/§11352/§11378/§11379/§11379.6 conviction.
Beyond the Sentence
- Aggravated felony — mandatory deportation and permanent bar to reentry
- Lifetime state and federal firearm ban
- Federal student loan and grant ineligibility
- Public housing and Section 8 disqualification
- Professional license discipline (medical, nursing, pharmacy, teaching)
- Driver's license suspension for one year on transportation-related sales (VC §13202)
- Asset forfeiture — vehicles used in transport, cash proceeds, and property
- Federal referral risk — DEA and USAO adopt state cases involving multi-kilo evidence or interstate movement
Sentencing References
05 — Defense Strategies
How Rubin Law Defends HS §11352 Sales / Transportation of Drugs Charges
Like §11351, §11352 defenses turn on suppression, negation of specific-intent elements, and pushing the case down to non-diversion-blocking charges.
Fourth Amendment Suppression
Traffic stops, vehicle searches, and checkpoint seizures are the most frequent §11352 fact patterns. PC §1538.5 motions attacking probable cause, warrant scope, and consent frequently collapse the case entirely.
PC §1538.5
Personal-Use Transport (Post-AB 1810)
For transportation cases, the People must prove the movement was 'for sale' — not personal use. Reduces §11352 to §11350 simple possession, which is Prop 47 misdemeanor and PC §1000 diversion-eligible.
HS §11352(c)
No Sale — Mere Furnishing Between Users
'Furnishing' between drug users can sometimes be charged as HS §11365 aiding personal use (misdemeanor). When there was no profit motive or exchange, we push down to §11365.
HS §11365
Miranda / Coerced Statement
Statements admitting sales or transportation are suppressible for Miranda or voluntariness violations — often eliminating the strongest 'for sale' evidence.
Miranda v. Arizona
Confidential Informant Motion
Buy-bust and CI-driven cases collapse when CI identity is compelled. Motions under Evidence Code §1041 challenge reliability and require disclosure.
Evidence Code §1041
PC §1001.36 Mental Health Diversion
Where addiction relates to a qualifying mental-health condition, mental-health diversion is available for §11352 defendants at the court's discretion.
Reduction to §11350 / PC §32
Standard negotiated resolution: §11350 simple possession (Prop 47 misdemeanor) or PC §32 accessory-after-the-fact (wobbler). Both preserve immigration relief.
Sting-Operation Entrapment
Where police overreach in controlled-buy operations, entrapment under People v. Barraza defeats §11352. Available in undercover sales cases.
CALCRIM 3408
Constitutional Sources
07 — Court Process
How HS §11352 Sales / Transportation of Drugs Cases Move Through Los Angeles Courts
§11352 cases proceed as straight felonies. Search-and-seizure litigation and CI-disclosure motions dominate the pretrial phase.
- 1
Step 1 — Arrest & Booking
Bail on §11352 ranges $30,000–$500,000+ depending on drug type and quantity. Federal adoption risk is highest for multi-kilo and interstate cases.
- 2
Step 2 — Arraignment
Charges read, plea entered. Asset-forfeiture proceedings may be initiated concurrently under HS §11470.
- 3
Step 3 — Preliminary Hearing
Within 10 court days. We cross-examine narcotics officers, task-force detectives, and chain-of-custody witnesses. Prelim is decisive on the 'for sale' element in transportation cases.
- 4
Step 4 — PC §1538.5 Suppression Motion
Vehicle-stop and checkpoint cases turn on suppression. Winning suppression collapses the case.
- 5
Step 5 — Pretrial Discovery Motions
Pitchess motions, Evidence Code §1041 CI motions, lab-analyst confrontation, and PC §995 dismissals of enhancements.
- 6
Step 6 — Plea Negotiations
Standard outcomes: reduction to §11350 (Prop 47 misdemeanor), §11365 aiding personal use (misdemeanor), or PC §32 accessory. All preserve immigration relief.
- 7
Step 7 — Trial & Sentencing
Jury trial on the transfer element (sale/furnish/transport) and the 'for sale' intent. Sentencing considers weight enhancements, cross-county enhancement, and mitigation.
Los Angeles Courts That Handle HS §11352 Sales / Transportation of Drugs Cases
§11352 felonies are prosecuted throughout LA County — with heightened concentration at LAX, port, and freeway-adjacent courthouses.
Clara Shortridge Foltz Criminal Justice Center
Downtown LA — Major Narcotics Division. Multi-kilo and interstate §11352 cases.
Airport Courthouse
LAX-arrest §11352 cases — heavy volume of interstate and international-travel drug cases.
Long Beach Courthouse
Port-of-LA and Port-of-Long-Beach drug-transport cases.
Van Nuys Courthouse West
San Fernando Valley §11352 filings — I-5 corridor transportation cases.
Pomona Courthouse South
I-10 corridor and inland transportation cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Sales / Transportation of Drugs Defense Attorney
Daniel S. Rubin has defended clients charged with sales / transportation of drugs and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under HS §11352 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Sales / Transportation of Drugs Cases Throughout LA County
See our full Sales / Transportation of Drugs defense practice
09 — FAQs
HS §11352 Sales / Transportation of Drugs Questions — Los Angeles
What conduct is covered by HS §11352?
§11352 punishes six categories of drug-transfer conduct: (1) selling, (2) furnishing, (3) administering, (4) giving away, (5) transporting for sale, and (6) importing into California. Any one of these acts, plus knowledge and usable quantity, supports §11352. Post-AB 1810, transportation requires 'for sale' intent — mere personal-use transport is §11350.
What is the AB 1810 personal-use transport defense?
In 2013, AB 1810 amended HS §11352(c) to require that transportation be 'for sale.' Personal-use transportation — a user driving with drugs for their own consumption — is no longer §11352. It is charged only as §11350 simple possession, which is a Prop 47 misdemeanor with PC §1000 diversion available. This is the single most valuable defense in transportation-based §11352 cases.
How does the 9-year cross-county enhancement work?
HS §11352(b) increases the maximum sentence to 9 years when transportation crosses two or more non-contiguous counties and covers at least 25 miles. It commonly attaches to freeway-corridor cases along I-5, I-10, and I-15. We attack this enhancement by challenging the distance and the 'non-contiguous' county requirement — LA-to-Orange County transport, for example, does not qualify because the counties are contiguous.
Is HS §11352 eligible for PC §1000 diversion?
No. PC §1000 excludes sales offenses. §11352 is categorically excluded. However, PC §1001.36 mental-health diversion is available where addiction relates to a qualifying diagnosis. Standard resolution is negotiated plea to §11350 or §11365 followed by diversion under those statutes.
Does §11352 apply to giving drugs to a friend without payment?
Yes — furnishing does not require payment. Any transfer of a controlled substance from one person to another satisfies the furnishing prong of §11352, even between friends without profit motive. However, HS §11365 (aiding personal use, misdemeanor) may be a favored reduction where the transfer was purely between users.
How does §11352 affect immigration status?
§11352 is a categorical aggravated felony under INA §101(a)(43)(B) and a controlled-substance offense under INA §237(a)(2)(B) — mandatory deportation, permanent bar to reentry, and ineligibility for most immigration relief. Non-citizens face permanent removal on conviction. Reduction to §11350 or §11365 preserves relief.
Can HS §11352 be reduced to a misdemeanor?
Not directly — §11352 is a straight felony. But negotiated pleas to §11350 (Prop 47 misdemeanor), §11365 (aiding personal use), or PC §32 (accessory-after-the-fact wobbler) achieve equivalent results. This is the standard defense path for personal-use transporters and low-culpability defendants.
Can HS §11352 be expunged?
Yes if probation granted and completed — PC §1203.4. State-prison sentences require §1203.42 or Certificate of Rehabilitation. Expungement does not restore federal firearm rights and does not eliminate immigration deportability. Reduction to §11350 before disposition is the far superior long-term strategy.
Available 24/7 — Free Consultation
Charged with HS §11352 Sales or Transportation?
Straight-felony aggravated-felony filings demand suppression-first defense. Rubin Law, P.C. pushes personal-use transport, CI-disclosure motions, and §11350 reductions. Call (213) 723-2337 24/7.