Sale of Synthetic Stimulants - Health and Safety Code 11375.5 HS
California Health and Safety Code 11375.5 HSC is the statute that makes it a crime for a person either to sell or give synthetic stimulants to someone or to use or possess them.
California laws are stringent, not just regarding the sale and use of controlled substances but also synthetic substances that mimic these drugs and are potentially just as unsafe.
As noted, under HSC 11375.5, it is a crime to sell, distribute, give, or offer substances classified as "synthetic stimulants." It is also illegal to use or possess such substances. You could face up to six months in jail if convicted of this misdemeanor crime.
HSC 11375.5 says, "(a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, any synthetic stimulant compound specified in subdivision (c), or any synthetic stimulant derivative, to any person, 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.
(b) 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, punishable as follows:
(1) A first offense is an infraction punishable by a fine not exceeding two hundred fifty dollars ($250).
(2) A second offense is an infraction punishable by a fine not exceeding two hundred fifty dollars ($250) or a misdemeanor punishable by imprisonment in a county jail not exceeding six months, a fine not exceeding five hundred dollars ($500), or by both that fine and imprisonment.
(3) A third or subsequent offense is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(c) Unless specifically excepted or contained within a pharmaceutical product approved by the United States Food and Drug Administration, or unless listed in another schedule, subdivisions (a) and (b) apply to any material, compound, mixture, or preparation which contains any quantity of a substance or analog of a substance, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers whenever the existence of such salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers is possible, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in one of the following ways:
(1) By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents.
(2) By substitution at the 3-position with an alkyl substituent.
(3) by substituting the nitrogen atom with alkyl or dialkyl groups or by including the nitrogen atom in a cyclic structure.
(d) This section shall not prohibit prosecution under any other provision of law."
What Constitutes a "Synthetic Stimulant"?
Synthetic stimulants, often referred to as "designer drugs," are chemically engineered substances designed to mimic the effects of traditional stimulants like cocaine or methamphetamine.
These substances are typically marketed under various names, including "bath salts," "plant food," or "research chemicals," and often bear labels claiming they are "not for human consumption" to circumvent legal restrictions. Common synthetic stimulants include, but are not limited to:
- MDPV (Methylenedioxypyrovalerone): Known for its intense stimulant effects similar to methamphetamine.
- Mephedrone: Often referred to as "meow meow" or "drone," producing effects akin to ecstasy.
- Alpha-PVP (Flakka): Known for its severe side effects, including hallucinations and aggressive behavior.
What Are the Dangers of Synthetic Stimulants?
Synthetic stimulants can be ingested in various ways, including snorting, smoking, or injecting, and are known for their unpredictable and often dangerous effects on users. Side effects may include:
- Increased heart rate
- Elevated blood pressure
- Agitation and restlessness
- Anxiety and paranoia
- Hallucinations
In some cases, death may result.
What Does the Law Say?
HSC 11375.5 stipulates two specific offenses: sale/distribution of synthetic stimulants and possession/use of synthetic stimulants.
- Sale and Possession for Sale: HSC 11375.5(a) stipulates that it is a misdemeanor to sell, dispense, distribute, furnish, administer, or offer to do any of these activities with synthetic stimulants or any derivative of these substances. Possession of synthetic stimulants for sale also falls under this provision.
- Personal Use and Possession: HSC 11375(b) also makes it illegal to use or possess synthetic stimulants. For purposes of the law, possession may mean active possession (e.g., on your person) or constructive possession (e.g., within your reach or control).
What Are the Elements of the Crime?
To secure a conviction under HSC 11375.5, the prosecution must establish several crucial elements beyond a reasonable doubt:
- Knowledge: You knew the substance was a synthetic stimulant.
- Intent: You intended to sell, distribute, or furnish the synthetic stimulant or possess it with such intent.
- Sale or Distribution: There was a deliberate act of selling, offering to sell, or possessing the substance with the intent to sell.
- Possession or Use: In cases of simple possession, prosecutors must show simply that the synthetic stimulant was either on your person or under your control.
What are Related Crimes?
- Health and Safety Code 11357.5 HSC - Sale of synthetic cannabis. This law makes it a crime for someone to sell or give someone synthetic cannabis or use or possess synthetic cannabis. This infraction or misdemeanor crime is punishable by imprisonment in the county jail for up to six months or a maximum fine of $1,000.
- Health and Safety Code 11352 HSC - Sale or transportation of a controlled substance. This law prohibits selling or transporting certain controlled substances, such as cocaine, heroin, peyote, LSD, and commonly prescribed opiates such as codeine, oxycodone (Oxycontin), and hydrocodone (Vicodin). This felony crime is punishable by three to nine years in jail and a fine of up to $20,000. HSC 11352 does not apply to the sale and transportation of marijuana or methamphetamine.
- Health and Safety Code 11366 HSC - Operating or maintaining a drug house. This law makes it a crime to operate or maintain any place to sell or give away illegal controlled substances unlawfully. This wobbler crime can be filed as a misdemeanor or felony, which carries up to three years in jail and a fine of up to $10,000.
What Are the HSC 11375.5 Penalties?
Penalties for violating HSC 11375.5 vary based on the nature of the offense.
Sale or Possession for Sale
Selling or distributing synthetic stimulants is a misdemeanor offense. If convicted, you could face:
- Up to 6 months in jail and
- Fines of up to $1000.
Possession and Use
Using or possessing synthetic stimulants is charged either as an infraction or a misdemeanor, depending on the following:
- Personal Use First Offense: Infraction, fines up to $250.
- Personal Use Second Offense: Infraction or misdemeanor, with fines up to $500 and up to six months in jail.
- Personal Use Third/Subsequent Offense: Misdemeanor, with fines up to $1,000 and up to six months in jail.
What Are the Common Defenses?
An experienced California criminal defense attorney may employ one or more defense strategies to combat charges that you violated HSC 11375.5. These include, but are not limited to:
- Lack of Knowledge: Arguing that you were unaware the substance was a synthetic stimulant.
- Lack of Intent: Demonstrating no intent to sell or distribute the substance.
- No Possession: In simple possession cases, the attorney may argue that while the substance may have been within your radius, you did not possess or control it. For example, perhaps someone left the stimulant in your car without your knowledge.
- Misidentification of Substance: Arguing that the substance in question does not meet the statute's definition of a synthetic stimulant.
- Unlawful Search and Seizure: If law enforcement did not have probable cause to search you or your belongings, it violates your Fourth Amendment rights. If you can show unlawful search and seizure, any evidence collected must be suppressed, and the charges may be dismissed.
For additional information, contact our criminal defense law firm, Eisner Gorin LLP, which has offices in Los Angeles, CA.
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