California Penal Code 2002:
Health & Safety § 11379:
(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.
(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports for sale any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment in the state prison for three, six, or nine years.
Penalties for drug charges get tougher every year and California has some of the steepest penalties in the nation. Simple marijuana charges (which once were considered a misdemeanor) are often upgraded to more serious drug trafficking charges. If the trafficking is done in a school zone (within 1000 feet) possession of less than one ounce can result in even harsher penalties.
While Proposition 36 offers treatment for drug offenders and it was once readily available, today only an experienced attorney working on your side is able to secure this type of treatment.
At Rizio & Nelson all charges will
be thoroughly reviewed by a competent attorney to ensure that the
best defense possible will be made. At Rizio & Nelson we understand
California drug codes and we are available 24 hours a day, 7 days
a week to assist you with defending yourself against these charges.
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