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CA Drug Trafficking Laws: The Basics
By definition, drug trafficking refers to buying, selling, transporting, furnishing, giving away, or in any other way distributing or moving controlled substances. Trafficking can be an individual or collective effort (i.e. organized by criminal groups), conducted by any means (i.e. by car, on foot, etc.), with the end goal typically being profiting off the sales.
Being accused of trafficking or other drug-related crimes is a grave matter and defending against allegations will require an excellent San Diego drug crimes lawyer with an in-depth knowledge of the subject matter, for the reasons listed below.
Is trafficking a felony in California?
In general, yes, drug trafficking is considered a felony offense not only in California but throughout the US. Federal laws, as well as the laws of individual states, classify trafficking as a serious crime. The primary reason behind such an unfavorable view is simple, realistic, and logical.
Drugs pose an extreme danger to public health and safety both directly, by causing addiction and death, and indirectly, by fueling criminal activity and violence. As such, drug trafficking and related offenses are subject to the most rigorous penalties, reflecting the severe nature of these crimes.
What is the statute for trafficking in California?
In California, there’s no one unified law governing all trafficking-related crimes. Rather, they fall under various statutes, including the Health and Safety Code (HSC) and Penal Code (PC), the most relevant ones being:
- HSC §11352 strictly prohibits the transportation, sale, importation, or furnishing of controlled substances;
- HSC §11351 deals in possession of drugs with the intent to sell, which can include moving them from one location to another;
- HSC §11379.6 explicitly prohibits the manufacturing of drugs but, also, any knowing participation in the process, including supplying (delivering) raw materials (“base”);
- PC §182 is a bit more broad, as it addresses the so-called “criminal conspiracy”. Nevertheless, it can be applied in the case of trafficking, specifically in cases where said offense is an organized group activity.
It must be noted that drug trafficking is also illegal on a federal level. 21 U.S.C. §841 states that it is “unlawful for any person [to] knowingly or intentionally manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.”
Whether the person (trafficker) is charged under federal or state law depends on the specific circumstances. For instance, if the trafficking remains confined to California borders (i.e. drugs do not cross state lines), the state law will apply in most cases.
However, if illegal substances do cross state or national borders, federal laws will apply in every case, and these statutes define penalties that are much more severe than their California-specific counterparts.
What is the difference between drug smuggling and drug trafficking?
While they may appear the same, trafficking and smuggling are two different activities, both from the standpoint of execution and how they’re treated by relevant laws. The main differences are:
- Drug smuggling refers to the clandestine importation or exportation of illegal substances across state or national borders. Elaborate concealment strategies are often employed to avoid interception by authorities.
- Drug trafficking encompasses a broader range of activities, including moving, selling, and otherwise distributing illegal substances, typically (but not necessarily) limited to a particular area (e.g. Mission Valley), region (e.g. San Diego County), or state (e.g. California).
With this in mind, we can say that smuggling is an integral component of trafficking. In many cases, smuggling is a precursor to trafficking, as the majority of drugs aren’t actually produced in the US but, rather, need to be (illegally) imported into the country.
Who’s the leading San Diego drug crimes lawyer near me?
If you’re facing drug trafficking charges, you’ll need a legal team that knows California criminal laws by heart and that’s ready to use it all to build you the most robust defense possible. In San Diego, that team is Monder Criminal Lawyer Group.
Our specialists excel in various aspects of criminal defense, as is evidenced by our reputation for excellence and thousands of successful cases. We tailor our strategies to your unique circumstances, providing knowledgeable guidance every step of the way, and working tirelessly to protect your rights. Schedule your appointment today!
