Health and Safety Code § 11375.5 HS – Sale of Synthetic Stimulants

California Health and Safety Code § 11375.5 HS makes it a crime either

1. to sell or give synthetic stimulants to someone or
2. to use or possess synthetic stimulants.

The sale of synthetic stimulants is a misdemeanor (as opposed to a felony). The penalties include:

• up to 6 months in county jail (or summary probation) and/or
• up to $1,000.

Meanwhile, the penalties for possession or use of synthetic stimulants depend on whether you have prior convictions, as the following table shows:

Use or Possession of Synthetic Stimulants	California Punishments
First offense	Infraction:  $250 in fines
Second offense	Infraction:  $250 in fines; or Misdemeanor:  Up to 6 months in jail and/or $500
Third or subsequent offense	Misdemeanor:  Up to 6 months in jail and/or $1,000

Below our California criminal defense attorneys address the following topics re. HS 11375.5. Also listen to our informative podcast on the subject:

• 1. Elements
• 2. Defenses
• 3. Related Crimes
• Additional Resources

1. Elements

Health and Safety Code 11375.5 is the California statute that makes it a crime to:

• use,
• possess,
• sell,
• dispense,
• distribute,
• furnish,
• administer,
• give, or
• offer to sell or give

any synthetic stimulant compound or derivative.¹ It makes no difference if no one gets ill from the drugs or if no one ends up ingesting them.²

What are synthetic stimulants?

Synthetic stimulants are so-called “designer drugs,” and they are designed to produce effects similar to:

• cocaine,
• LSD,
• MDMA, and/or
• methamphetamine.³

Synthetic stimulants are frequently marketed as “bath salts,” “plant food,” “jewelry cleaner,” or something equally innocuous. The effects may include:

• rapid heartbeat,
• increased activity,
• insomnia, and
• paranoia.

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with drug crimes, including those involving synthetic stimulants. In our experience, the following four defenses have proven very effective with prosecutors and judges at getting these charges reduced or dismissed.

1. Wrong substance. HSC 11375.5 applies only to synthetic stimulants. Therefore, if we show that the substance you sold or possessed was something else, the charges should be dismissed.
2. No sale. Perhaps you merely possessed the drugs for personal use and never intended or tried to sell them. If we can show prosecutors that the drugs were for you alone, your charge could be reduced from a misdemeanor to an infraction.
3. No possession. For you to possess drugs, you must exert actual or constructive control over them. You are not in possession of drugs if someone plants them on you without your knowledge, or if you happen to be in the same room with someone who has drugs. As long as the D.A. cannot prove possession beyond a reasonable doubt, the case should be dropped.
4. False accusations. Perhaps someone levied false allegations against you out of anger, revenge, or a misunderstanding. The D.A. may agree to throw out your case if we can impeach the accuser’s credibility and show that they had a motivation to lie.

3. Related Crimes

1. sale of synthetic cannabis – HSC 11357.5
2. sale or transportation of a controlled substance – HSC 11352
3. operating or maintaining a drug house – HSC 11366

Additional Resources

If you are struggling with substance abuse addiction, you can find help here:

• Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
• Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
• Recovery Centers of America – Treatment centers in seven states.
• SMART Recovery – Group therapy for young people struggling with addiction.
• Partnership to End Addiction – Information on how to find drug addiction treatment.

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Legal References: