What is HS11379 in the Penal Code?
HS 11379 Referred to as “Transportation” cases, these cases usually involve the defendant being stopped while driving a motor vehicle and then found to be in possession of a controlled substance. Note that unlike HS 11360 cases (Transportation of Marijuana), an individual charged with HS 11379 does not have to be transporting large quantities of a controlled substance. These cases are classified as felonies and carry a prison sentence of 2 to 4 years.
Health and Safety Code HS11379 also deals with the sale of methamphetamines. However, unlike HS 11378 which only involves possession with the intent to sell meth, this offense involves actually:
- Selling (exchanging the drugs for money, services or anything else of value),
- Transporting (moving the drugs from one location to another, regardless of the distance of the move),
- Giving away / providing, and/or
Methamphetamines. And, for that matter, offering or attempting to perform any of these acts is also prohibited under this law.
This offense is not exclusive to transporting or selling meth, but includes the additional drugs previously listed. It also encompasses a variety of other controlled substances specifically listed in the language of this law.
In order to prove that you are guilty of this offense, the prosecutor must prove that you:
- Engaged in at least one of the specific acts mentioned above (or attempted or offered to do so),
- Knew of the drug’s presence and nature as a controlled substance, and
- Transported, sold, provided, etc. enough meth (or other prohibited drug) so that it could be used as a drug.9
- And…just like the possession offenses described above…you don’t have to hold or touch the drugs personally in order to be convicted of this offense. As long as you have the right to control the methamphetamines, you may be guilty of this crime. That means that even if you use another person to transport or sell the drugs for you, you could still be convicted if you are the one who is in control of the drugs and it’s operation.
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