Health and Safety Code 11355 - Selling Imitation Drugs
California Health and Safety Code 11355 makes it illegal to offer, arrange, or agree to sell, furnish, transport, administer, or give a controlled substance, and then deliver a counterfeit or fake substance instead.
Essentially, the law penalizes the fraudulent sale of “fake drugs,” even if the substance isn't actually an illegal controlled substance.
This offense is commonly called selling counterfeit drugs, distributing a substitute substance, or offering an alternative to a controlled substance.
The law emphasizes the promise to supply an actual controlled substance and the subsequent delivery of a different item instead.
If you are facing drug-related charges, consulting an experienced criminal defense attorney at Esfandi Law Group in California is the most effective way to achieve a favorable outcome. Schedule your free consultation at (310) 274-6529 or use the contact form available here.
What Counts as Fake Drugs?
Under HS 11355, a fake substance can be any liquid, powder, pill, material, or other item substituted for the genuine controlled substance.
The main point is that the buyer was deceived into thinking they were receiving a real controlled substance, but the seller provided a different item instead.
Common examples may include:
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Baking soda is sold as cocaine.
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A counterfeit pill sold as oxycodone or Vicodin.
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A harmless powder sold as methamphetamine.
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A liquid or mixture delivered instead of the agreed-upon drug.
What Prosecutors Must Prove
To convict someone under HS 11355, prosecutors generally must show the following:
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The defendant agreed, offered, arranged, or negotiated to sell, furnish, transport, administer, or give a controlled substance.
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The defendant then delivered, or arranged to deliver, a different substance instead of the promised controlled substance.
The law does not require the state to prove that the substance was actually an illegal drug. The offense is founded on the act of deceptive substitution.
Penalties
HS 11355 is a wobbler offense, which means it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history.
California HS 11355 Penalties
Examples
Here are practical examples of how HS 11355 can apply:
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A person offers to sell cocaine, but instead delivers baking soda after taking payment.
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A person arranges to sell methamphetamine, but knowingly gives the buyer a counterfeit pill or harmless powder instead.
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A seller agrees to provide heroin, then substitutes a different substance during the transaction.
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A person negotiates a drug deal and knowingly delivers a fake substance in place of the promised controlled substance.
In many instances, the most effective defense relies on what the prosecution can demonstrate regarding the initial offer, its delivery, and the defendant's intent.
Common Defenses
A defense attorney in California can contest a charge under Health and Safety Code 11355 in multiple ways. The most effective defense relies on the evidence the prosecution can present regarding the offer, delivery, and the defendant's intent.
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No intent to deceive. The prosecution must show that you knowingly offered a controlled substance and intentionally delivered something else instead.
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No real offer or agreement. If there was no actual agreement to sell or provide a controlled substance, the charge may not stand.
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No substitution occurred. The state must prove that a fake or different substance was delivered in place of the promised drug.
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Mistaken identity. The wrong person may have been accused of making the offer or completing the transaction.
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Insufficient evidence. Text messages, witness statements, recordings, or surveillance may be unclear, incomplete, or unreliable.
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Entrapment. If law enforcement pressured or诱uced the offense in a way that caused someone to commit a crime they would not otherwise have committed, entrapment may apply.
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Lack of knowledge. If you did not know what was being represented or delivered, the prosecution may have trouble proving the required mental state.
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Illegal police conduct. Unlawful searches, seizures, or investigative tactics can sometimes lead to evidence being excluded.
Related Laws
Several California drug laws are often discussed alongside HS 11355:
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Health and Safety Code 109575: This law makes it illegal to knowingly manufacture, distribute, or possess an imitation controlled substance. It is different from HS 11355 because it focuses on imitation drugs themselves, not necessarily a substituted transaction.
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Health and Safety Code 11350: This law covers unlawful possession of controlled substances. It may apply when a person possesses real illegal drugs.
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Health and Safety Code 11351: This law involves possession for sale of certain controlled substances. It is more serious because it focuses on the intent to sell.
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Health and Safety Code 11352: This law generally covers the transportation, sale, furnishing, or distribution of controlled substances. It often applies when real drugs are involved.
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Health and Safety Code 11355: This is the substitute substance statute, and it applies when a person delivers fake drugs after offering to sell real ones.
Under California Health & Safety Code 11370.6, possessing of drug money over $100,000 derived from drug sales or intended for purchasing illegal drugs is considered a serious drug offense.
California Health and Safety Code 11375.5 HS prohibits the sale, distribution, furnishing, administration, giving away, or offering to sell synthetic stimulants.
Frequently Asked Questions
Is it illegal to sell fake drugs in California?
Yes. According to California Health and Safety Code 11355, it is unlawful to offer to sell a controlled substance and then provide a fake or substitute substance instead.
Do the fake drugs have to contain an illegal substance?
No, the substance itself can be entirely fake or harmless. The crime lies in the deceptive substitution of the promised controlled substance.
Is HS 11355 a felony or misdemeanor?
It can be either. HS 11355 is a wobbler offense, so prosecutors may charge it as a misdemeanor or felony depending on the facts.
What is the maximum penalty?
A misdemeanor can carry up to 1 year in county jail, while a felony can carry up to 16, 2, or 3 years of custody.
Is selling fake drugs the same as possessing imitation drugs?
No. Selling a fake drug during a transaction is different from merely possessing or distributing an imitation controlled substance. California Health and Safety Code 109575 is the law more commonly associated with imitation controlled substances.
Can I be charged if no real drugs were involved?
Yes. The law can still apply if you offered to sell a controlled substance and then delivered a substitute substance instead.
Call to Action
If you are facing charges under California Health and Safety Code 11355, do not wait to get legal help. A California drug crime lawyer at Esfandi Law Group can review the facts, explain your options, and build a defense strategy aimed at protecting your future.
Drug-related charges can move quickly, and the right response early on can make a major difference in the outcome.
Whether you were accused of selling a fake substance, negotiating a transaction, or getting caught up in someone else's conduct, legal counsel can help you understand the strongest path forward.
Contact a California drug crime lawyer today to discuss your case in confidence and take the next step toward protecting your rights.