Our team has successfully defended drug cases in San Diego courts. We'll scrutinize the evidence, challenge unlawful searches, and fight for your best possible outcome.
If You’ve Been Charged With Drug Possession or Transportation...
You could be facing serious time—especially if the charge involves alleged transport, intent to sell, or prior convictions. Even a basic possession charge can affect your record, your job, and your immigration status. But you have options. Call a lawyer now to protect your rights and start building a real defense before the case moves forward.
San Diego is a border city and county, a stone’s throw away from Tijuana, Mexico. As such, it should come as no surprise that transporting a controlled substance is a common felony charge that can lead to serious consequences for those accused, particularly those convicted. Contrary to popular belief, transportation and distribution charges are not reserved only for large-scale smuggling operations.
Law enforcement tends to target average citizens suspected of moving even small amounts of controlled substances when the primary purpose is for sale. California Health and Safety Code sections 11352, HS 11378, and HS 11379 make it a crime to transport, sell, or give away even small amounts of controlled substances.
San Diego Drug Transportation, Distribution, and Possession for Sales Laws
Transportation, distribution, and possession for sales can encompass a wide range of situations. In San Diego County, we see charges under HS 11351, HS 11352, HS 11378, or HS 11379 for performing, attempting, or offering any of the following activities:
San Diego Drug Possession and Transportation Charges
California drug laws have undergone significant changes in recent years, but serious penalties remain, especially for transportation, sales, and possession with intent to distribute. The consequences you face depend on several key factors:
Drug Possession for Personal Use (Health & Safety Code 11350)
Simple possession of controlled substances was reduced to a misdemeanor under Proposition 47 for most drugs, including:
Cocaine
Heroin
Methamphetamine
MDMA (Ecstasy)
Prescription medications without a valid prescription (oxycodone, Vicodin, Xanax, etc.)
Possession with Intent to Sell (Health & Safety Code 11351)
When prosecutors believe you possessed drugs for sale rather than personal use, the charges escalate significantly. This determination often depends on:
Quantity of drugs found
Presence of packaging materials
Digital scales or other measuring devices
Large amounts of cash
Cell phone messages suggesting sales
Witness statements
Drug Transportation (Health & Safety Code 11352)
Transportation charges apply when you:
Move drugs from one location to another
Import drugs into California
Transport for sale or distribution
Since 2014, prosecutors must prove that you intended to sell or distribute the drugs to charge you with felony transportation.
Possession & Transport of Marijuana (Different Rules Apply)
While California has legalized recreational marijuana use, you can still face charges for:
Possessing more than the legal amount (28.5 grams)
Selling without proper licensing
Transporting large quantities across state lines
Involving minors in marijuana activities
Federal law also continues to classify marijuana as a Schedule I controlled substance, creating additional legal risks, particularly near federal property or when crossing state lines.
Penalties for Drug Transportation, Distribution, and Possession for Sales in San Diego
Such controlled substances felony charges can lead to life-changing consequences for those convicted. California law aims to punish those in the supply chain (who move and distribute) with harsher penalties than those who simply use the drugs. The severity of charges and the potential consequences upon a conviction will vary based on circumstances unique to your case, but primary factors include:
The supposed amount and type of controlled substance
Your alleged role and intent in transporting a substance
The knowledge, skill, and experience of your defense attorney
The prosecution is supposed to only file cases in which they have a good faith belief they can prove beyond a reasonable doubt. In order to obtain a conviction, the DA will attempt to prove:
The accused offered to, attempted to, or did commit the charged act
Had knowledge that the controlled substance was present (although knowledge of the specific kind of controlled substance is not required)
There was enough of the controlled substance to be considered a “usable amount”
Think you cannot be charged with transportation and distribution if you are not in possession of a controlled substance? Think again! The prosecution can and will seek charges against those suspected of exercising control over locations in which controlled substances can be obtained.
This could be the owner of a home or vehicle used to store or distribute controlled substances. You can also be charged with transportation or distribution as an aider and abettor, even if you never possess the drugs yourself. This “accomplice liability” theory means that if you help in the illegal act with the intent to accomplish the criminal goal and are in fact helpful, it is just like you were transporting or possessing the drugs.
Sentencing and Aggravating Factors for Drug Sales and Distribution Convictions
The penalties for transportation and distribution can be harsh. Those facing charges are looking at:
5 years in custody or more, depending on the amount of drugs involved
Probation or post-release supervision, and their corresponding fines and fees
Court-ordered classes and counseling
Non-reducible Felony conviction and registration as a narcotics offender pursuant to HS 11590
Several aggravating factors can add hefty enhancements to the sentences for those convicted. Proximity to schools, crossing county or state lines, weight enhancements, and recent prison sentences, to name a few, can arm the prosecution with the means to ask for an increased sentence.
If you have been accused of transportation, you are looking at lifelong consequences if convicted. How your case gets handled will affect your freedom, your career, your finances, and your reputation.
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San Diego Drug Transportation and Distribution Defense
Identifying weaknesses in the prosecution’s case is key to evaluating the strength of a defense against transportation of possession for sale charges. A critical review of the following issues will allow you to mount the best defense:
How can the prosecution prove knowledge of the controlled substances? For example:
Did you tell them that you knew?
Where are the drugs found? Were they hidden in special compartments in the vehicle? If so, whose car is it? Was the vehicle recently out of your possession?
If drugs were brought across the border, how many previous crossings have there been?
What was the reason for sending you to secondary inspection?
Were you or a family member threatened if you didn’t comply with the demand that you transport the drugs?
Knowing what issues matter for a defense against charges of transportation or possession with the intent to sell controlled substances will make all the difference in your case, and possibly your life. Invest in protecting your future by contacting our team for a complimentary initial case evaluation.
How San Diego Police Build Drug Cases Against you
Understanding how law enforcement develops drug cases is crucial to mounting an effective defense. Common investigation methods include:
Traffic Stops and Pretextual Encounters
Police often use minor traffic or equipment violations as a pretext to investigate potential drug offenses. These encounters may lead to:
Requests for consent to search
Extended detentions while drug dogs are summoned
Questions designed to elicit incriminating responses
Observations of “drug indicators” used to establish probable cause
Confidential Informants
Many drug cases begin with information from confidential informants—often individuals facing their own charges who provide information in exchange for leniency. These sources frequently:
Provide unreliable or exaggerated information
Have inherent motivations to fabricate evidence
Participate in controlled buys while wearing recording devices
Testify against defendants in exchange for reduced charges
Surveillance Operations
Law enforcement may conduct extensive surveillance before making arrests, including:
Physical observation of suspected drug locations
Electronic surveillance of communications when authorized
GPS tracking of vehicles (with a warrant)
Analysis of financial records and transactions
Social media monitoring
Search Warrants and Raids
Based on information from informants, surveillance, or other sources, police may obtain warrants to search homes, vehicles, or businesses, often executing them through:
Contact Our San Diego Drug Defense Attorneys Today
If you’re facing drug possession, transportation, or sales charges in San Diego or Chula Vista, immediate legal representation is critical to protecting your rights and preserving favorable evidence. Law enforcement and prosecutors begin building their case immediately—your defense should start just as quickly.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
How do police determine possession for sale versus personal use?
Police consider several factors including quantity, packaging, presence of scales or sales paraphernalia, communications on phones or computers, statements by the defendant, and expert opinion about typical personal use amounts. We challenge these determinations by presenting alternative explanations for these factors based on your specific circumstances.
What happens if drugs were found in my car but they weren't mine?
California law allows for “constructive possession” of drugs found in areas under your control, such as your vehicle, even if you claim no knowledge of them. However, lack of knowledge or control is a valid defense that we can develop through evidence showing others had access to the vehicle or proving you had no knowledge of the substances.
Will I go to jail for a first-time drug offense?
Many first-time drug possession offenses qualify for diversion programs or probation rather than jail time. However, charges involving sales, transportation, or large quantities may still carry custody time even for first offenders. Each case depends on specific circumstances, the prosecutor’s approach, and the quality of your legal representation.
Here’s What You Need to Know to Regain Control of Your Future
Charged with a crime in San Diego? Wondering how the case will affect your reputation, career, and freedom? Trying to figure out what comes next? Look no further! David’s book addresses common misconceptions and mistakes made by those charged with a crime in San Diego. Some of the chapters include topics such as:
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