California has strict laws prohibiting the smuggling of illegal drugs into and within the state. As a major port of entry from Mexico and other countries, California faces significant challenges with drug trafficking across its borders. Major state and federal agencies cooperate to intercept smugglers transporting drugs by land, sea and air. The statute 21 USC 952 specifically targets drug smuggling, outlining the legal boundaries and penalties for importing controlled substances into the United States without proper authorization.
The main California laws related to drug smuggling are Health and Safety Code Sections 11352, 11379, and 11380. Section 11352 prohibits transporting, importing, selling, furnishing, administering, or giving away controlled substances like heroin, cocaine, methamphetamine and others. Penalties can include 2-4 years in state prison. Section 11379 criminalizes the transportation, sale, or distribution of methamphetamine and PCP with penalties of 3-5 years imprisonment. Section 11380 covers transporting or selling other controlled substances like morphine, opium and codeine, with 2-4 years imprisonment.
In addition, California participates in a Drug Enforcement Task Force with the federal Drug Enforcement Administration (DEA) to target major traffickers. When a business faces allegations of involvement in drug smuggling, hiring a California business attorney can help protect the company’s interests and reputation. Large quantities of smuggled drugs under Section 11370.4 can lead to additional 3-25 year sentences. Specific drug smuggling crimes under this section include possession, transportation, sale, or manufacture of heroin, cocaine, methamphetamine and other drugs exceeding certain weight thresholds.
California also has additional penalties for smuggling drugs into state prisons. Any person visiting a prison who smuggles a controlled substance like meth, heroin or cocaine can face 2-4 years imprisonment under Penal Code Section 4573. Section 4573.5 imposes a 2-year term for anyone caught bringing marijuana, drugs or alcohol into state correctional facilities. Section 4573.6 covers controlled substances smuggled into jails and juvenile facilities.
The California Highway Patrol (CHP) plays a major role catching drug smugglers transporting illegal shipments on state highways. The CHP cooperates with the DEA, sheriffs’ offices, police departments and other agencies providing air support, surveillance teams, traffic enforcement and interdiction efforts across busy smuggling corridors. Border protection involves sophisticated detection of false vehicle compartments, magnetic anomalies, density anomalies and other signs of concealed cargo.
Another state agency deeply involved with monitoring smuggling routes is the California National Guard Counter Drug Task Force. They provide unique military capabilities to law enforcement agencies through joint drug interdiction operations along the California-Mexico border. Intelligence gathering, language translation, communications support and ground sensor monitoring bolster border security. By sharing resources, state military and law enforcement disrupt the flow of illicit drugs into California.
The California State and Regional Maritime Law Enforcement Training is a joint operation to enhance capabilities on coastal waterways. Multiple agencies provide boats, vehicles, aircraft and teams to patrol known maritime smuggling lanes. Agencies involved include the U.S. Coast Guard, Customs and Border Protection, sheriffs and police departments with jurisdiction along California’s extensive coastlines. Multi-agency maritime interdiction teams deploy jointly for improved coordination deterring smugglers who attempt to exploit jurisdictional boundaries between agency areas of responsibility.
California’s geographic location adjacent to Mexico and the Pacific Ocean presents inherent challenges with illegal importation of illicit drugs for distribution within the U.S. The state combats this threat through a variety of laws criminalizing smuggling behaviors. State and local law enforcement leverage interagency task forces and advanced border security operations to counter ongoing efforts by transnational criminal organizations trafficking narcotics for profit with little regard for lives destroyed. Continued cooperation between agencies at all levels of government is required to disrupt the myriad routes and tactics used to penetrate California’s entry points.
What Is The Penal Code 11352 In California?
California Penal Code 11352 refers to the law regarding the transportation, sale, or distribution of controlled substances. Specifically, it states that it is illegal for a person to transport, import into California, sell, furnish, administer, or give away certain controlled substances like heroin, cocaine, methamphetamine, and others.
Some key points about California Penal Code 11352:
– It applies to numerous illegal controlled substances classified in Schedules I-V under the California Uniform Controlled Substances Act. This includes drugs like heroin, cocaine, methamphetamine, hallucinogens, prescription painkillers, and more.
– To be charged under this statute, a person must willfully and knowingly transport, import, sell, furnish, administer, or give away these illegal controlled substances. In other words, the act must be intentional.
– The charges and penalties vary based on the type and quantity of drugs involved. Transporting or selling smaller quantities typically leads to lighter felony charges. Larger quantities can result in more severe penalties.
– Penalties may include imprisonment in county jail or state prison for 16 months to 9 years. Fines up to $50,000 or more are also common. Amounts exceeding certain thresholds lead to longer sentences.
– There are also enhancements and alternate penalties that can add more imprisonment time if certain conditions are met. For example, if illegal drugs are transported across more than two county lines, or sold within 1,000 feet of a school.
– Conspiracy to commit this crime or attempting to commit this felony can also lead to charges under this statute. Someone does not need to complete the transport or sale to be found guilty.
– Prosecutors often charge defendants with additional related crimes such as drug possession, child endangerment, weapons charges, and more. This can make the total penalty and imprisonment time much harsher if convicted.
In summary, California Penal Code 11352 makes it a felony to transport, sell, import, furnish, administer or give away illegal controlled substances like cocaine and methamphetamine. It aims to penalize drug trafficking and distribution crimes with potentially lengthy prison times and steep fines depending on the details of the particular case. And prosecutors frequently add additional charges on top of 11352 violations as well. So it is considered quite a serious felony offense under California law.
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