Defense Against California Drug Sales Laws

There are federal and state laws regarding the sale of illegal and legal drugs (controlled substances). Complicating factors in drug sales crimes can include immigration issues, sales to minors, previously lawful sale of medically approved marijuana, and transportation of drugs.

Unlike drug possession, the sale of drugs and intent to distribute drugs can easily result in prison time. That is why it is extremely important to work with an experienced drug crimes defense attorney if you are facing California drug sales or drug trafficking charges. Contact the Los Angeles Law Office of Marc A. Legget to speak with me in a free initial consultation.

Among the main California statutes used to prosecute drug trafficking charges is section 11352 of the California Heath & Safety Code.

11352. Transportation, sale, giving away, etc., of designated controlled substances; punishment

The basis of this charge is that you made the sale and knew what you were selling. Sounds simple, but the State must prove each element of its case and that is not always easy.

Other trafficking laws that could be used against you include:

  • 11353.6. Juvenile Drug Trafficking and Schoolyard Act of 1988: The major issue in charging people with 11353.6 is the location of the sale near a school. If you are convicted, you can face additional punishment based on the location.
  • 11359. Possession for sale; punishment (marijuana)
  • 11362.5. Medical use of marijuana. The Compassionate Use Act of 1996 recognizes the benefit of marijuana to those who are suffering certain illnesses or undergoing chemotherapy or other harsh medical treatment. The law in this area is currently in flux. If you operate a medical marijuana dispensary, or have a doctor’s recommendation for the use of marijuana but have been arrested for possession or sale, contact me immediately.

Our Strategy

Prosecuting a criminal case is not easy. The standard of proof is high — the jury must find you guilty “beyond a reasonable doubt.” You have the right to be free of unreasonable searches and seizures by law enforcement. The police must have probable cause to search you, your home, or your vehicle. Evidence taken in violation of your rights can be excluded at trial.

I work diligently to investigate the circumstances of your arrest to determine if the police overstepped their bounds. I work tenaciously to get evidence excluded if it was illegally obtained.

Free Initial Consultation

For a free initial consultation on any drug offense, contact me, a Los Angeles drug trafficking and sales defense attorney, at the Law Office of Marc A. Legget. Call 310-553-2900 or toll-free 866-274-0755.