Sec 11012 of the Health and Safety Code of California has defined distribution as the delivery of narcotic drugs using other means outside of proper administration or dispensation under controlled situations.
In simple terms, distribution is the physical delivery of controlled and/or narcotic substances from one individual to another or from one place to another. The most common way that drugs are transported are through individual couriers or mules. The drugs are concealed within the person or in their carry on cases to be able to bring the drugs from one area to another.
To be convicted of this crime, the elements of this crime are as follows:
a) Control. The accused must have control, either personal or constructive, over the illegal or controlled substances. The mere presence or proximity is insufficient for purposes of coverage under this law. There must be proof of ownership over the drugs during the time of the arrest.
b) Volume. To fall under the purview of this law, the volume or quantity should be sufficient for consumption or sale. If only residue was found or when the drugs are a small quantity, then there is no crime. The drug must be in its final form to fall within the application of the law.
c) Intent. The intent of the drugs depends on the particular circumstances of the case. The physical set up of the drugs would provide the idea of the intent behind the drug cache. If the drugs were segregated in small sachets, then the presumption of sale and distribution becomes apparent.
d) Knowledge. The accused individual needs to have a direct and specific knowledge that there are drugs within the immediate vicinity and it would be used for an illegal purpose. This knowledge also goes into the substance itself, if it were legal or illegal as well as the future plans for the drugs in their possession.
The crime of illegal drug possession is a serious offense in California. Should you be or know anyone undergoing this process, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
