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Heroin Drug Crimes: Laws & Charges
As one of the most potent opioids in existence, heroin has long been a thorn in the side of governments throughout the world. Its devastating potential and highly addictive nature made it a focal point in the battle against substance abuse in both public health and law enforcement. The situation in California is no different, especially in recent years.
With the new methods of introducing heroin into the organism, this drug has seen a surge in popularity leading to an increase in overdose and death by overdose numbers across the state. For these reasons, heroin drug crimes are met with strict legal consequences, with the potential to leave a permanent blemish on one’s criminal record.
Therefore, if you or someone you know is charged with related offenses, it is essential not only to have an excellent San Diego, CA heroin drug crime attorney but, also, to understand the laws and charges governing these crimes.
What is the law on heroin in California?
Under the California Health and Safety Code (HSC), heroin is classified as a Schedule I Controlled Substance, meaning it has no accepted medical use while having an extremely high potential for abuse. While this fact effectively places heroin at the topmost part of the illegal substances list, there are no laws in California that specifically target its possession, distribution, or manufacturing.
What is the CA HS code for heroin?
In California, heroin-related crimes are addressed through the aforementioned Health and Safety Code, namely:
- HSC §11350: Simple possession;
- HSC §11351: Possession for sale;
- HSC §11352: Transportation.
HSC §11350: Simple possession
Under HSC §11350, possession of even a small amount of heroin can lead to severe consequences. Depending on the circumstances of the case, offenders can face either misdemeanor or felony charges.
However, it is critical to note that the misdemeanor charges are almost exclusively reserved for non-violent offenders without prior convictions. In most cases, heroin possession is treated as a felony and carries corresponding penalties, including high fines and incarceration.
HSC §11351: Possession for sale
This charge is applicable in instances where law enforcement has reasonable suspicion that the individual found in possession of heroin has the intent to further distribute it. Here, it is important to note that “sales” do not imply monetary compensation only. They also pertain to any attempts to pass on the drug to another party, including furnishing or giving it away.
Possession for sale is a much more severe offense than simple possession. As such, it is typically charged as a felony and carries substantial fines, along with extensive prison sentences, depending on the existence of aggravating factors.
HSC §11352: Transportation
Heroin trafficking is an extremely serious crime and is tried as a felony offense in the vast majority of cases. Those found guilty almost certainly face lengthy incarceration and hefty fines, along with additional consequences, such as forfeiture of assets, stringent probation/parole conditions, loss of professional licenses, and more.
How many grams is a felony in California?
California law does not expressly specify a particular quantity of heroin that automatically constitutes a felony. Rather, it takes into consideration multiple factors, such as intent to sell or previous offenses, to determine the severity of the charges.
Who’s the most prominent heroin drug crime attorney near me in San Diego, CA?
Whether you’re facing charges for heroin possession, meth trafficking or distribution, or any similar drug-related offense, Monder Criminal Lawyer Group is your best shot at securing a favorable outcome for your case.
Our award-winning team comprises veterans in the field of California criminal law, each boasting a lengthy list of cases resolved to the ultimate benefit of our clients. Reach out to us today and ensure you have the most dedicated legal partner east of the Rose Canyon!
