California Health & Safety Code 11370.4 HS requires courts to impose an additional prison sentence for transporting, distributing, selling, or possessing to sell more than 1 kilogram of heroin, cocaine, methamphetamine, amphetamine, or PCP. There is also an additional sentence if the drug involves more than one ounce of fentanyl. And the higher the quantity the drugs, the longer the enhanced prison sentence.
The full text of the statute reads as follows:
11370.4 HS. (a)(1) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(A) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(B) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(C) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(D) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(E) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.
(F) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(b) (1) Any person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(A) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
(B) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(C) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(D) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2) In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
(3) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(c) (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as follows:
(A) If the substance exceeds 28.35 grams (one ounce) by weight, the person shall receive an additional term of three years.
B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) If the substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) If the substance exceeds one kilogram by weight, the person shall receive an additional term of 10 years.
(E) If the substance exceeds four kilograms by weight the person shall receive an additional term of 13 years.
(F) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 16 years.
(G) If the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 19 years
(H) If the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 22 years.
(I) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense.(d) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code
(f) The additional terms provided in this section shall be in addition to any other punishment provided by law.
(g) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.
Legal Analysis
California Health & Safety Code 11370.4 HS mandates that judges impose an extra California State Prison sentence for selling, distributing, transporting, or possessing with intent to sell more than 1 kilogram of either:
- heroin,
- cocaine, or
- cocaine base
This enhanced prison sentence is in addition to the underlying sentence. And the enhanced sentence increases as the quantity of drugs increases.
| Quantity of heroin, cocaine, or cocaine base | Additional prison term for selling, gifting, transporting, or possessing to sell drugs |
| More than 1 kg | 3 years |
| More than 4 kg | 5 years |
| More than 10 kg | 10 years |
| More than 20 kg | 15 years |
| More than 40 kg | 20 years |
| More than 80 kg | 25 years1 |
Similarly, California Health & Safety Code 11370.4 HS mandates that judges impose an extra prison sentence for selling, distributing, transporting, or possessing with intent to sell more than 1 kilogram (or 30 liters) of either:
- methamphetamine,
- amphetamine, or
- PCP
This enhanced prison sentence is added to the underlying sentence. And the enhanced sentence gets harsher as the amount of drugs gets higher.
| Quantity of meth, amphetamine, or PCP | Additional prison term for selling, gifting, transporting, or possessing to sell drugs |
| More than 1 kg or 30 l | 3 years |
| More than 4 kg or 100 l | 5 years |
| More than 10 kg or 200 l | 10 years |
| More than 20 kg or 400 l | 15 years2 |
Finally, penalties also get harsher involves more than one ounce of fentanyl.
| Quantity of fentanyl | Additional prison term for selling, gifting, transporting, or possessing to sell drugs |
| More than 28.35 grams (1 oz.) | 3 years |
| More than 100 grams | 5 years |
| More than 500 grams | 7 years |
| More than 1 kg | 10 years |
| More than 4 kg | 13 years |
| More than 10 kg | 16 years |
| More than 20 kg | 19 years |
| More than 40 kg | 22 years |
| More than 80 kg | 25 years2 |
Note that judges do have the discretion not to impose this enhanced sentence in drug cases if there is mitigation evidence that makes the defendant less blameworthy.3
Drug sellers face an enhanced sentence under California Health & Safety Code 11370.4 HS for selling more than 1 kg of heroin, or cocaine.
Legal References
- California Health & Safety Code 11370.4 HS. Enhancement of Punishment upon Conviction Related to Unlawful Possession or Sale of Controlled Substances Based on Amount Involved. People v. Ruiz (Cal. App. 2d Dist., 1992), 3 Cal. App. 4th 1251, 5 Cal. Rptr. 2d 122. AB 701.
- 11370.4 HS. People v. Haro (Cal. App. 4th Dist., 2021), 68 Cal. App. 5th 776. Proposition 36.
- Same.