Sale of Substitute Substance

Health and Safety Code 11355 HSC

Health and Safety Code 11355 HSC – Overview

It is unlawful for person to agree, consents, or in any manner offer to unlawfully sell, furnish, transport, administer through themselves or by another person a substitute substance that is to supposed to be:

(1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V to any person, or who offers, arranges, or negotiates to have any such controlled substance unlawfully sold, delivered, transported, furnished, administered, the offer made was for a controlled substance as listed.

What is the mental state required for a violation of HSC 11355?

A violation of Health and Safety Code 11355 HSC is a specific intent crime but originates from a general intent crime. Because of the inherent danger associated with the listed controlled substances. But under Health and Safety Code 11355 HSC there must be a specific intent to offer a substitute of a listed controlled substance, for sale, possession or delivery. As a specific intent crime, the mental state is knowledge. Knowledge is a conscious awareness of the circumstances associated with the act desired with a reasonable understanding of the natural consequences that would transpire in order to have the objective or act completed. As applied to Health and Safety Code 11355 HSC. A person must be consciously aware of communicating an offer to sell, furnish or transport an illegal controlled substance but desired to offer a substitute in its place, understanding that the offer was understood by another to receive an illegal controlled substance; while accepting the natural and probable consequences that would derive from such a transaction,

What substances are referenced or listed under HSC 11355?

Examples of the controlled substances referenced under Health and Safety Code 11355 HSC include are:

(1) Opium;
(2) MDMA;
(3) Mushrooms;
(4) Psilocybin;
(5) Fentanyl;
(6) Peyote;
(7) Meth;
(8) Mescaline;
(10) GHB;
(11) Opium extracts such as CO2 base, derivates like crumbles;
(12) PCP;
(13) Ketamine;
(14) LSD;
(15) Cocaine; and
(17) Heroin.

Health and Safety Code 11355 HSC – Penalties

A violation of Health and Safety Code 11355 HSC chargeable either as a misdemeanor or felony. As misdemeanor, penalties include confinement not exceeding 1 year in jail with fines not exceeding $1000 dollars. As a felony, penalties include confinement terms of 16 months, 2, or 3 years in prison with fines not exceeding $10,000 dollars.

What is an example of a violation of HSC 11355?

Hillary agrees with John to sell him 10,000 tabs of acid tomorrow at 10 am, before his graduation party. John is Harvard bound and wants to blow off some steam prior to attending school in the fall. John that same day freaks out and tells his dad. His dad calls the police. The police tell his dad to allow his son to complete the transaction so that he can arrest Hillary. Little did John know that Hillary had no intention of selling him 10,000 tabs of acid. She honestly did not feel comfortable selling that kind of drug to “Harvard John”, for fear that he would eat the whole bag and die; but she did want the money he was going to give her. As a result, she took printing paper, cut them into small squares, used thick acrylic nail polish to place red dots on each square, and placed them into a bag until the bag weighed 10 pounds. The next day John called Hillary and asked if he could still buy the 10,000 tabs of acid. When she arrived at the spot designated, she was quickly surrounded by the police. They searched the bag, confirmed it was filled with confetti. She was arrested.

Defending Health and Safety Code 11355 HSC

Duress
Necessity
Diminished Capacity