Legal Question in Criminal Law in California

Re: California Health and Safety Code

11378 - Possession with intent to sell - is punishable with prison terms of 16 months, 2 years or 3 years. 11379 - Transportation - carries greater punishments of 2, 3, or 4 years.

The reason why you felt confused is because 11378 did not specifically list the punishment terms. 16 months, 2 years or 3 years are default terms whenever a code section does not specifically provide the length of applicable sentences. In other words, whenever you encounter a code section which simply says the offense is punishable by state prison, that means 16, 2 or 3. If other incarceration terms apply, the code section, like 11379, must specify what those terms are.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com