Health and Safety Code 11375.5 HSC – Sale of Synthetic Stimulants

Health and Safety Code 11375.5 HS is the California statute that makes it a crime for a person either (1) to sell or give synthetic stimulants to someone, or (2) to use or possess synthetic stimulants. This section is a misdemeanor punishable by up to 6 months in jail.

11375.5 HS states that “every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, any synthetic stimulant compound…or who possesses that compound or derivative for sale, 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…Every person who uses or possesses any synthetic stimulant compound specified in subdivision (c), or any synthetic stimulant derivative, is guilty of a public offense…”

Examples:

• Megan gives a neighborhood kid a packet of synthetic stimulants.
• Paco sells a bag of synthetic stimulants to his friend.
• Nia puts these drugs in her purse before going to a concert.

Defenses

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

• there was no synthetic stimulant involved,
• there was no possession, and/or
• the defendant was 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 award a defendant with misdemeanor (or summary) probation.

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

• 1. What is California law as to synthetic stimulants?
• 2. What are common defenses to the charge?
  • 2.1. No synthetic stimulant
  • 2.2. No possession
  • 2.3. Falsely accused
• 3. What are the penalties for a 11375.5 HS conviction?
• 4. Are there related crimes?
  • 4.1. Sale of synthetic cannabis – HSC 11357.5
  • 4.2. Sale or transportation of a controlled substance – HSC 11352
  • 4.3. Operating or maintaining a drug house – HSC 11366

1. What is California law as to synthetic stimulants?

Health and Safety Code 11375.5 is the California statute that makes it a crime to:

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

any synthetic stimulant compound or derivative.¹

The statute also makes it a crime for a person to use or possess the same.²

Synthetic stimulants are so-called “designer drugs” and they are designed to produce effects similar to:

• cocaine,
• LSD,
• MDMA, and/or
• methamphetamine.³

They are frequently marketed as “bath salts,” “plant food,” “jewelry cleaner,” or something equally innocuous.

Effects of synthetic stimulants may include:

• rapid heartbeat,
• increased activity,
• insomnia, and
• paranoia.

2. What are common defenses to the charge?

A person accused of violating this statute can raise a legal defense. A good defense can work to reduce or even dismiss a charge.

Three common defenses to alleged violations of this code section are:

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

2.1. No synthetic stimulant

Please note that HSC 11375.5 only applies to synthetic stimulants. Thus, a solid legal defense is for a party to show that, while he may have sold or used a drug, it was not a synthetic stimulant.

2.2. No possession

A person is guilty under this statute if he possesses synthetic stimulants, which typically means the person has the drug on him or in his reach or control. This means a good legal defense is for an accused to show that he did not have the drug on his person or within his reach.

2.3. Falsely accused

Unfortunately, it is not at all uncommon for people to get prosecuted based on false allegations. People get falsely accused out of

• jealousy,
• revenge, and
• anger.

Thus, it is a valid defense for a defendant to say that a party falsely accused him of violating HSC 11375.5.

3. What are the penalties for a 11375.5 HS conviction?

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

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.⁴

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.⁵

Please note that in lieu of jail time, a judge may award a defendant with misdemeanor (or summary) probation.

4. Are there related crimes?

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

1. sale of synthetic cannabis – HSC 11357.5,
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 cannabis – HSC 11357.5

Health and Safety Code 11357.5 HS is the California statute on synthetic cannabis.

The statute makes it a crime for a person to either:

1. sell or give someone synthetic cannabis, or
2. use or possess synthetic cannabis.⁶

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 $1,000.⁷

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.⁸

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.⁹ The crime is punishable by:

• three to nine years in jail, and/or
• a fine of up to $20,000.¹⁰

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.¹¹

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 $1,000.¹²

The penalties for a felony conviction are:

• up to three years in California state prison, and/or
• a fine of up to $10,000.¹³

For additional help…

If you or someone you know has been accused of a crime, per Health and Safety Code 11375.5, we invite you to contact us for a free consultation. We can be reached 24/7.

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