Sec. 11379 of the Health and Safety Code of California defines the criminal act of drug trafficking as the following:
(a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, 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 which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in the state prison for a period of two, three, or four years.
In simple parlance, any individual that transports for sale any controlled substance or narcotic within the state across county lines has committed the crime of drug trafficking. This has since been expanded to include the manufacture, distribution, trafficking and sale of illegal drugs by both state and federal laws.
The penalties imposable for the crime of drug trafficking are influenced by several factors attendant to the case and evidence presented. These are as follows:
- The quantity of the controlled substance;
- The kind and quality of substance;
- The intent of the person possessing or distributing the illegal narcotics;
- dThe applicable law, be it state or federal laws;
- The criminal history of the accused
Since drug trafficking involves the illegal transport of drugs across state and county lines, the primary federal agency involved in these crimes is the US Drug Enforcement Agency. Often working with state law enforcement agencies, the DEA has been tasked to enforce and prosecute drug trafficking laws throughout the country.
There are many defenses to drug trafficking charges made against an individual. Primary among the defenses is the Fourth Amendment, which stipulates that individuals are protected against unreasonable searches and seizures by the government and its agencies. In order to have legal authority to conduct searches and seizures, there must be probable cause that a crime is about to be committed or is being committed or has just been committed within the property of an individual.
Because of the federal and state implications involved in drug trafficking cases, it is imperative that proper and expert legal representation be engaged when facing these charges. In order to be adequately protected in your rights, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
The crime of illegal drug trafficking 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.