Except as otherwise provided in Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 of the Business and Professions Code, a person who possesses for sale a controlled substance that meets any of the following criteria shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code:
(1)The substance is classified in Schedule III, IV, or V and is not a narcotic drug, except the substance specified in subdivision (g) of Section 11056.
(2)The substance is specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d).
(3)The substance is
specified in paragraph (11) of subdivision (c) of Section 11056.
(4)The substance is specified in paragraph (2) or (3) of subdivision (f) of Section 11054.
(5)The substance is specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section 11055.
Notes of Decisions
United States v. Francisca Gamboa, 946 F.3d 548 (9th Cir. 2019).
· cites it 2× “The removal that served as the predicate for the defendant’s § 1326 conviction was based on her prior conviction for possession of methamphetamine for sale in violation of California Health and Safety Code § 11378.”
Augustin Valenzuela Gallardo v. Loretta E. Lynch, 818 F.3d 808 (9th Cir. 2016).
“Valenzuela Gallardo was arrested and charged with two counts of possession of a controlled substance (methamphetamine) in violation of California Health and Safety Code § 11378, one count ‘ of possessing methamphetamine while armed in violation of California Health and Safety…”
People v. Leon, 181 Cal. App. 4th 943 (Cal. Ct. App. 2010).
“Defendant and Rosas were charged by felony complaint filed December 31, 2008, with possession for sale of cocaine (Health and Saf. Code, § 11351; count 1), possession for sale of methamphetamine (Health and Saf.”
United States v. Martin Vega-Ortiz, 822 F.3d 1031 (9th Cir. 2016).
“Vega-Ortiz’s Removal Order was Validly Premised on His Conviction for Violating California Health and Safety Code § 11378.”
United States v. Miguel De La Torre-Jimenez, 771 F.3d 1163 (9th Cir. 2014).
“• Indeed, we recently applied the Rendon methodology to yet another California drug-related statute, California Health and Safety Code section 11378.”
Sincavage v. Superior Court, 42 Cal. App. 4th 224 (Cal. Ct. App. 1996).
“1 Facts and Procedural History On February 15, 1995, an information was filed charging petitioner with possession for sale and transportation of methamphetamine in violation of *227 Health and Safety Code sections 11378 and 11379 and with felonious vehicular evasion of a peace…”
People v. Gard, 76 Cal. App. 3d 998 (Cal. Ct. App. 1978).
· cites it 2× “) 1 and California Health and Safety Code sections 11378 and 11379.”
People v. Tolliver, 53 Cal. App. 3d 1036 (Cal. Ct. App. 1975).
“1 See, now, Health and Safety Code section 11351. 2 See, now, Health and Safety Code section 11378.”
United States v. Perez, 325 F. Supp. 3d 1058 (N.D. Cal. 2018).
· cites it 5× “Although the parties did not dispute at sentencing that Perez's prior convictions did not qualify as controlled substance offenses, this Court considers it prudent to state why it agrees that these prior convictions under California Health and Safety Code § 11378 do not, in…”
People v. Bravo CA5 (Cal. Ct. App. 2022).
· cites it 2× “(a)(1), count 7); criminal threats (§ 422, count 8); criminal threats (§ 422, count 9); possessing methamphetamine for sale (Health and Saf. Code, § 11378, count 10); and possessing a large-capacity magazine (§ 32310, count 12).”
Avigail Paras v. Loretta E. Lynch, 624 F. App'x 547 (9th Cir. 2015).
· cites it 2× “The agency correctly determined that Paras’s conviction under California Health and Safety Code § 11378, for possession for purpose of sale of methamphetamine, constitutes a controlled substance trafficking aggravated felony under 8 U.”
Santos-Melitante v. Gonzales, 161 F. App'x 634 (9th Cir. 2005).
· cites it 2× “Petitioner was convicted twice of violating California Health and Safety Code Section 11378, which provides that “every person who possesses for sale any controlled substance .”
Cal. Health and Safety Code § 11378(a): 1 case
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