Health and Safety Code 11357.5 HS – Sale of Synthetic Marijuana in California

Health and Safety Code 11357.5 HS is the California statute that makes it a crime to either:

1. sell or give synthetic cannabis (marijuana) to someone, or
2. use or possess synthetic cannabis.

The language of the statute reads:

11357.5. (a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or possesses for sale any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person, is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

Examples

• Carlos sells a bag of synthetic cannabis to a neighborhood kid.
• John goes to a concert and takes a pouch of synthetic cannabis with him in his backpack.
• Juanita gives her boyfriend a packet of synthetic cannabis that she got from a friend.

Defenses

Luckily, there are several legal defenses you can raise if accused of a crime under this code section. These include showing that:

• there was no synthetic cannabis involved,
• there was no sale, possession, or use of synthetic cannabinoids, and/or
• you were falsely accused.

Penalties

The illegal sale of this drug is a misdemeanor (as opposed to a felony). The offense is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.

The illegal possession or use of the same can be charged as either an infraction or a misdemeanor depending on the number of times the offense was committed. The punishment can include:

• a fine, or
• a jail term of up to six months.

Please note that in lieu of jail time, a judge may grant you misdemeanor (or summary) probation.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Is synthetic cannabis illegal in California?
• 2. Are there legal defenses?
  • 2.1 No synthetic cannabis
  • 2.2 No possession
  • 2.3 Falsely accused
• 3. What are the penalties, punishment, and sentencing?
• 4. Related Offenses
  • 4.1 Sale of synthetic stimulants – HSC 11375.5
  • 4.2 Sale or transportation of a controlled substance – HSC 11352
  • 4.3 Operating or maintaining a drug house – HSC 11366

1. Is synthetic cannabis illegal in California?

Yes. Health and Safety Code 11357.5 is the California statute that makes it a crime to:

• sell,
• dispense,
• distribute,
• furnish,
• administer,
• give, or
• offer to sell or give

any synthetic cannabinoid compound or derivative.¹

The statute also makes it a crime to use or possess fake weed.²

Synthetic cannabis is a so-called “designer drug” and it is essentially fake marijuana. Common names for it include:

• potpourri,
• herbal incense,
• Spice (brand name),
• skunk,
• genie,
• K2 (brand name), and
• Black mamba.

The active ingredients in the drug are made in a laboratory, and the chemical compounds mimic the effects of THC (tetrahydrocannabinol) – which is the main ingredient in the schedule I controlled substance marijuana.

Synthetic cannabis – often marketed as made from “plant material” – can no longer be sold in head shops. Synthetic pot usually does not show up on drug tests but may be detected in urine.

Like natural marijuana, fake weed can be consumed through joints and e-cigarettes. It is often sold illegally on the streets or at gas stations.

The effects of synthetic cannabinoids have become a big problem for public health care, including mental health. Many types of fake pot are full agonists of the cannabinoid receptors, they

• increase heart rate and blood pressure, and/or
• cause psychosis or psychoactive effects.

The toxicology causes some people – even young adults with little history of drug use – to have heart attacks. The withdrawal symptoms may be severe as well.

Sometimes fake weed is adulterated with illegal drugs, opioids, or other substances of unknown chemical composition. It is not unusual to end up in the emergency room following human consumption of synthetic cannabinoid products due to the dangerous side effects.

2. Are there legal defenses?

Three common defenses to alleged violations of this statute are:

1. no synthetic cannabis,
2. no possession, and/or
3. falsely accused.

A good defense can work to reduce or even dismiss a charge.

2.1. No synthetic cannabis

Please note that HSC 11357.5 only applies to synthetic cannabis. Thus, a solid legal defense is to show that, while you may have sold or used a drug, it was not synthetic cannabis.

2.2. No possession

You are guilty under this statute if you possess synthetic cannabis, which typically means you have the drug on you or in your reach or control. This means a good legal defense is to show that you did not have the drug on your person or within your reach.

2.3. Falsely accused

Unfortunately, it is not at all uncommon to get prosecuted for synthetic drugs based on false allegations. Thus, it is a valid defense to say that a party falsely accused you of violating HSC 11357.5.

Another potential defense involves law enforcement misconduct, such as performing an unlawful search and seizure or coercing a confession.

3. What are the penalties, punishment, and sentencing?

The illegal sale of synthetic cannabis is a misdemeanor. The offense is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.³

The illegal possession or use of the same can be charged as either an infraction or a misdemeanor depending on the number of times the offense was committed. The punishment can include:

• a fine, or
• a jail term of up to six months.⁴

Please note that in lieu of jail time, a judge may grant you misdemeanor (or summary) probation.

4. Related Offenses

There are three crimes related to the sale or possession of synthetic cannabis. These are:

1. sale of synthetic stimulants – HSC 11375.5,
2. sale or transportation of a controlled substance – HSC 11352, and
3. operating or maintaining a drug house – HSC 11366.

4.1. Sale of synthetic stimulants – HSC 11375.5

Health and Safety Code 11375.5 HS is the California statute on synthetic stimulants.

The statute makes it a crime to either:

1. sell or give someone a synthetic stimulant, or
2. use or possess a synthetic stimulant.⁵

The illegal sale of a synthetic stimulant is a misdemeanor. The offense is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.⁶

The illegal possession or use of the same can be charged as either an infraction or a misdemeanor depending on the number of times the offense is committed. The punishment can include:

• a fine, or
• a jail term of up to six months.⁷

4.2. Sale or transportation of a controlled substance – HSC 11352

California Health and Safety Code 11352 HS prohibits selling or transporting certain controlled substances. These substances include:

• cocaine,
• heroin,
• peyote,
• LSD, and
• commonly prescribed opiates such as codeine, oxycodone (Oxycontin) and hydrocodone (Vicodin).

HS 11352 does not apply to the sale and transportation of marijuana, methamphetamine, or certain other drugs.

Selling or transporting drugs is a California felony.⁸ The crime is punishable by:

• three to nine years in jail, and/or
• a fine of up to $20,000.⁹

4.3. Operating or maintaining a drug house – HSC 11366

California Health & Safety Code 11366 HS makes it a crime to operate or maintain any place for the purpose of unlawfully selling or giving away illegal controlled substances.¹⁰

This crime is often referred to informally as “operating a drug house.”

A violation of HSC 11366 is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.

As a misdemeanor, the crime is punishable by:

• up to one year in county jail, and/or
• a fine of up to $1,000.¹¹

The penalties for a felony conviction are:

• up to three years in California state prison, and/or
• a fine of up to $10,000.¹²

Call us for help…

If you or a loved one has been accused of a crime, per Health and Safety Code 11357.5, we invite you to contact us for a consultation. We can be reached 24/7. We serve clients in Los Angeles, San Diego, and throughout the state of California.

For similar charges in Colorado, please see our article on: Colorado’s Laws on Synthetic Marijuana and Salvia (18-18-406.1 and 18-18-406.2 C.R.S.). And for similar charges in Nevada, please see our article on Nevada’s Law on Fake Marijuana (“Spice”) Explained by Las Vegas Drug Lawyers.

Learn more at the U.S. Drug Enforcement Administration (DEA.gov).

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