Sale of Imitation Controlled Substances | H&S Code § 11355

Description

Every person who agrees to unlawfully sell , transport or give any controlled substance and provides other materials in lieu of any such controlled substance may be charged with Sale of Imitation Controlled Substances.

What does the prosecutor have to prove?

Felony:
1. Defendant agreed to sell a controlled substance. 2. Defendant then sold another substance in lieu thereof. 1a. Defendant agreed, consented, or in any manner offered to unlawfully sell, furnish, transport, administer, or give a controlled substance to a person. or 1b. Defendant offered, arranged, or negotiated to have such controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to a person. and 2. Defendant sold, delivered, furnished, transported, administered, or gave, or offered, arranged, or negotiated to have sold, delivered, transported, furnished, administered, or given to a person a liquid, substance, or material in lieu of controlled substance. Misdemeanor: 1. Defendant agreed to sell, etc. substance, a controlled substance.
2. Defendant then sold, etc. another substance in lieu thereof. [Cal Crim No. 2315]

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
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?	May
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