What is the difference between a possession of a controlled substance and a transportation for sale under section 11379 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. P.V. (In re P.V.), D074296 (Cal. App. 2019):

The People respond that when the language of section 11379 is given its usual and ordinary meaning, importation and transportation of controlled substances are two separate offenses. Specifically, they compare the dictionary definition of import, " 'to bring from a foreign or external source,' " with the " 'plain, nontechnical' " meaning of transport for sale, which is established by " 'carrying or conveying a usable quantity of a controlled substance with knowledge of its presence and illegal character.' " (People v. Emmal (1998) 68 Cal.App.4th 1313, 1316, superseded by statute on other grounds as stated in People v. Martinez (2018) 4 Cal.5th 647, 650-651.) The People point out that importation of controlled substances need not be for sale or otherwise distinguished from personal use, both of which are requirements for the transportation offense. ( 11379, subd. (c); Emmal, at p. 1316.) From this comparison, the People argue the Legislature

Page 5

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Is section 654 of the Criminal Code applicable to a defendant convicted of possessing or transporting two different controlled substances for sale? (California, United States of America)
Does section 654 of the California Criminal Code bar separate punishment for the simultaneous possession of different controlled substances? (California, United States of America)
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
What is the effect of a motion to reduce a conviction for possession of a controlled substance to a misdemeanor under section 17 of the California Criminal Code? (California, United States of America)
Does Section 654, subdivision (a) of the California Criminal Code apply to punish an act or omission that is punishable in different ways by different sections of the law? (California, United States of America)
Can an act or omission that is publishable in a different way by different sections of the law be punished under section 654 of the California Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.