Description

It is a crime to transport, import into the state, sell, furnish, administer or give away, or offer to transport any controlled substance or narcotic drug. Violators may be charged with Sale/Transportation.

 

What does the prosecutor have to prove?

1. Defendant transported, sold, furnished, administered, or gave away a controlled substance. OR
1. Defendant offered to transport, sell, furnish, administer, or give away a controlled substance.
2. Defendant knew of the controlled substance’s presence.
3. Defendant knew it to be a controlled substance. [Rideout v Superior Court (1967) 67 Cal.2d 471] [People v Rogers (1971) 5 Cal.3d 129] [Cal Crim No. 2300]

Punishment

Felony: 3years/4years/5years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?Yes
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?Yes
Is this charge considered a “controlled substance violation” for immigration purposes?Yes
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No