Drugs

Weight Enhancement

People v. Arango (1993) 12 Cal.App.4th 450, but see People v. Tirado (2022) 12 Cal.5th 688

Cocaine

Health and Safety Code section 11370.4(a): A conviction of section 11351, 

11351.5, or 11352 (or conspiracy to violate them) with regard to heroin, cocaine base, or cocaine enhanced as indicated in the following table. Health & Saf. Code § 11370.4(a) Exceeds by Weight Enhancement (1) 1 kilogram 3 years (2) 4 kilograms 5 years (3) 10 kilograms 10 years (4) 20 kilograms 15 years (5) 40 kilograms 20 years (6) 80 kilograms 25 years - No proof is needed that the defendant had knowledge of the weight involved. (People v. Coria (1999) 21 Cal.4th 868; People v. Meza (1995) 38 Cal.App.4th 1741.) The weight enhancement is not applicable where the defendant offered to sell an amount sufficient for the enhancement but actually sold less. (Valenzuela v. Superior Court of Los Angeles County (1995) 33 Cal.App.4th 1445.) Conviction under a conspiracy theory does not require the police in a sting operation to have the required amount available for sale. (People v. Howard (1995) 33 Cal.App.4th 1407 [cert. for part. pub.].) - It is permissible for a criminalist to use “probability extrapolation” to determine weight. (People v. Peneda (1995) 32 Cal.App.4th 1022 [cert. for part. pub.].)

Meth

Health and Safety Code section 11370.4(b): A conviction of section 11378, 

11378.5, 11379, or 11379.5 (or conspiracy to violate them) with regard to methamphetamine, amphetamine, phencyclidine (PCP), and analogs enhanced as indicated in the following table.

ealth & Saf. Code § 11370.4(b) Exceeds by Weight or Volume Enhancement (1) 1 kilogram or 30 liters 3 years (2) 4 kilograms or 100 liters 5 years (3) 10 kilograms or 200 liters 10 years (4) 20 kilograms or 400 liters 15 years - The code section provides that the enhancement applies to conspiracy to violate either subdivision only if the defendant is substantially involved in planning, directing, executing, or financing the underlying offense.

Health and Safety Code section 11372(a): This section provides for a $20,000 fine for conviction of section 11350, 11351, 11351.5, 11352, 11353, 11355, 11359, 11360, or 11361, and an enhanced fine as follows: - An additional $1 million if an additional term is imposed pursuant to section 11370.4(a)(1). - An additional $4 million if an additional term is imposed pursuant to section 11370.4(a)(2). - An additional $8 million if an additional term is imposed pursuant to section 11370.4(a)(3).

GBI enhancement

Health and Safety Code section 11379.7(b) [+ 5 years]: GBI suffered by a child under 16 during the commission or attempted commission of a violation of sections 11379.6(a) or 11383 as those sections relate to methamphetamine or phencyclidine. • Health and Safety Code section 11379.9 [+ 1 year]: Death or GBI suffered by anyone during the commission or attempted commission of a violation of sections 11379.6(a) or 11383 as those sections relate to methamphetamine or phencyclidine. This enhancement does not preclude punishment under section 187, 192, or 12022.7 in lieu of this enhancement. • Health and Safety Code section 25189.5(e) [+1, 2, or 3 years pursuant to Pen. Code § 1170(h)]: Causing GBI or a substantial probability of death while violating subdivisions (a), (b), or (c) pertaining to hazardous waste.

People v. Slough (2017) 11 Cal.App.5th 419

People v. Martinez (2014) 226 Cal.App.4th 1169

People v. Otto (2021) 11 Cal.5th 682