HS 11351 – Possession for Sale of Illegal Drugs

Possessing an illegal drug with intent to sell in California is unlawful. Illegal substances, in this case, include drugs such as cocaine or heroin, as well as prescription medications obtained without a valid prescription. Fighting drug possession charges is a stressful and daunting experience. If you are facing such a situation, you should learn about California drug possession laws and the potential penalties involved. This blog explores the elements of drug possession for sale.

Understanding Drug Possession in California

California drug laws split drug possession offenses into two major categories, including simple possession of the drug and possession of the drug with the intention of selling. The California Health and Safety Code (HSC) also distinguishes between charges involving controlled substances that were formerly designated under California legislation as narcotics or "controlled dangerous substances" from marijuana crimes. California statutes additionally include separate charges for phencyclidine and methamphetamine.

A prosecuting attorney could charge an offender with simple possession if the defendant possesses one of the substances mentioned under the HSC. If the authorities suspect the accused intended to take part in selling the drugs, the prosecution could charge them with possession of the drug for sale.

If you are facing charges for selling drugs, you should consult with a drug crimes attorney. These offenses are considered felony crimes. They can result in:

• Significant penalties
• Jail time for up to nine years, depending on the crime and type of drugs involved

Unfortunately, when sales are involved, defendants cannot exchange rehabilitation programs for imprisonment.

The Elements of a California Possession For Sale Charge

After you have been arrested, the prosecutor must prove beyond a shadow of a doubt that you possessed the illegal drug for sale. To pursue a conviction, they must prove every element of the crime under the Judicial Council of California Criminal Jury Instructions (CALCRIM) 2302.

• You Were in Control of the Illegal Drugs

California HSC 11351 defines "control" as "actual," "constructive," or "joint" possession. "Actual" possession means you carried the illegal drug on your person. "Constructive" possession means you can access it or have control over illegal drugs, even though you do not physically possess them on your person. For example, when police stop you at a random roadside check, they might discover illegal substances in a compartment inside your vehicle. "Joint" possession refers to more than one individual possessing and having control over illegal drugs, such as in a shared home.

•  You Had Knowledge that Possessing the Substance is Unlawful

It may not be essential to know precisely what kind of illegal substance you possess; simply knowing that the substance is illegal suffices.

• The Quantity of Illegal Substances Was Sufficient for the Sale

This means there must be an adequate supply of illegal substances to sell to others.

• You Had the Illegal Drug With the Specific Intention of Selling

It is not a necessity that you possess the drugs to sell them yourself. If it is shown that you intended for another person to distribute the illegal substances, you can still be prosecuted under HSC 11351. The prosecuting attorney can utilize the testimony of the arresting officer to establish this crucial element of the crime.

For example, the officer may provide information about the amount and packaging technique of the illegal substances. They can also provide evidence that there was no drug paraphernalia at the scene where they were discovered.

The most crucial part of proving possession of illegal substances for the purpose of selling is demonstrating the quantity. If authorities seize an amount of illegal narcotics that they believe exceeds what a drug user would carry for personal use, you will likely be prosecuted for possession of drugs with intent to sell under HSC 11351.

If the illegal drugs were packaged in baggies or balloons, or if you had a scale, numerous empty packages, and other devices used to measure substances, the prosecutor could easily establish the components of the crime: possessing an illegal substance with intent to sell.

• Lack Of Drug Paraphernalia

One way the prosecution might seek to demonstrate that you intended to sell substances is by proving the absence of drug paraphernalia. These include the following:

• Pipes
• Syringes
• Other typical items used to ingest illegal drugs

The presence of paraphernalia often indicates personal drug use, while its absence may suggest the intention of selling.

Penalties for Selling Drugs In Violation of HSC 11351

If convicted of possessing a controlled substance with intent to sell in violation of HSC 11351, it is a straight felony in California. The sanctions for a defendant found guilty under this section are:

• Two, three, or four years in county jail
• Felony probation without jail time
• Court fines and fees of up to $20,000

HSC 11351 in California is classified as a "straight felony" with a maximum punishment of four years in county jail.

If you are placed on formal probation, you will be ordered to complete hours of community service, attend substance addiction classes, and meet monthly with your probation officer.

Unlike a typical HSC 11350 drug possession case, a drug sales conviction disqualifies the defendant from participating in a drug diversion program. There are also penalty enhancements for possessing extraordinarily large amounts of narcotics.

Exceptions to California's Drug Possession Law

While possession of drugs is prohibited in California, there are various exceptions and potential defenses that a skilled criminal defense lawyer can explore. Some of these defenses include the following:

• You did not know the illegal drug was present
• You possessed a prescription drug with an official prescription
• You had an authorized possession for medicinal purposes under California's Compassionate Use Act

A professional defense attorney can identify your case's best defense strategies. They also have vast experience in defending people facing drug possession charges.

Fighting HSC 11351 Drug Sale Allegations

If you've been charged with selling drugs in violation of HSC 11351, our criminal defense attorneys can employ various techniques to achieve the best possible outcome. Some potential defenses include:

• No intent to sell
• Lack of knowledge
• No control over or possession of drugs
• False allegations
• Illegal searches and seizures

One of the most common defenses against drug possession with intent to sell charges is demonstrating that the narcotics were acquired solely for personal use. While this argument does not make the activity legal, it can help avoid the more severe penalties associated with drug sales.

No Possession

Suppose the offender can demonstrate that the controlled substances or additional evidence supporting the allegations were discovered in a location where multiple individuals had access. In that case, the prosecutor's claim of possession may be weakened. It can be difficult to determine which person with access placed the drugs or evidence there.

Challenges of Intent to Sell

Proving intent to sell may be challenging if the substances are for personal use. The defendant might have purchased the drugs in bulk to save money or bought enough to last several months for personal consumption.

False Accusation

It is also uncommon for individuals to make false drug claims out of rage, to gain an advantage in a court proceeding, or to shift blame away from themselves. To demonstrate that a complainant is lying, your attorney will demand recorded interactions (like voicemails and text messages) and examine them for evidence of their desire to lie. They also look for witnesses who know the victim's state of mind.

If your attorney can persuade the prosecution that the victim lacks legitimacy, they may drop your charges.

Problems with Circumstantial Evidence

Sometimes, evidence has multiple explanations. Large sums of cash, for example, could indicate drug transactions or represent legitimate cash payments from work. Consequently, evidence should directly relate to verifiable criminal action to establish the crime's elements beyond a reasonable doubt.

Because prosecutors must prove each aspect of the offense beyond a reasonable doubt, numerous defenses exist for criminal charges of drug possession with intent to sell. An expert criminal defense lawyer can help you assess your position and present the strongest possible argument against these serious allegations.

The Law Enforcement Carried Out an Unlawful Search or Seizure Operation

There are many ways for officers to violate the state's search and seizure regulations. An unlawful search and seizure suit could result from:

• An inspection that goes beyond the limits of the warrant (for example, the search warrant only allows for a search of the bedroom, but the law enforcement officers search the whole of the house and find illegal substances in the kitchen cabinet)
• A search that is carried out without a California search warrant or a warrantless search
• Illegal detention (since the police did not have a legal reason for stopping you, and any drugs discovered later are unlikely to be used against you)

If your lawyer believes you were a victim of an unlawful search and seizure, they could most likely file a PC 1538.5 request to suppress evidence. Your charges will likely be dropped or significantly reduced if they win this case.

Proposition 47

Voters approved Proposition 47 in 2014. Some refer to it as the Safe Neighborhoods and Schools Act. Its primary goal was to reclassify certain nonviolent offenses. Since then, specific nonviolent crimes have been classified as misdemeanors rather than felonies.

The recently revised Health and Safety Code classifies possessing a controlled substance as a misdemeanor because it is a nonviolent offense. This implies you cannot serve more than one year in jail. However, the minor offense advantages do not apply if you have prior infractions identical to your most recent one.

Regardless of whether you are a registered sex offender, you could face felony penalties instead of misdemeanors. Having an experienced criminal defense lawyer on your side can be beneficial if this occurs. Feel free to contact our law firm and schedule an appointment to discuss your situation.

California Drug Diversion Programs

In some circumstances, California offers drug diversion initiatives as an alternative to standard criminal prosecution. These programs, such as Prop 36 and Deferred Entry of Judgment, emphasize rehabilitation over punishment.

To avoid conviction and give themselves a second chance, individuals must complete drug treatment and fulfill all other program conditions. Involvement in a drug diversion course can provide considerable benefits. Successful completion can lead to the dismissal of charges or reduced fines, giving people facing drug possession charges an opportunity to start over.

The California Statute of Limitations on Drug Possession

California Penal Code 801 states that the statute of limitations for an offense punishable by imprisonment in state prison is three years. In California, drug possession, including significant amounts of marijuana, remains punishable by incarceration. Consequently, the standard statute of limitations for a drug possession offense is three years.

For possession charges involving small amounts of marijuana that do not result in imprisonment, the time limit is one year. A statute of limitations requires prosecutors to file criminal charges within an appropriate period. If charges are not filed before the statute of limitations expires, the offender cannot be tried for the offense.

The prosecution must file the complaint in court within three years of the offense date. It is not necessarily required to pursue the matter before a judge within that time. However, suppose the case faces undue delays unrelated to the offender's actions. A skilled drug defense attorney might argue that the state or court violated the defendant's right to a speedy trial in that case.

The prosecution may claim that the three-year statute of limitations on drug possession charges was "tolled" or delayed due to specific actions taken by the individual suspected of illegal drug possession.

When a person suspected of drug possession flees California, the statute of limitations is paused for the duration of their absence. However, this pause is restricted to three years. Consequently, the prosecution has a maximum of six years to bring charges against the accused for narcotics possession without violating California's statute of limitations.

Find a Drug Crimes Attorney Near Me

If you or your loved one has been charged with possessing or selling illegal substances, please call us at Los Angeles Criminal Lawyer. Our California drug crime lawyers will do everything in their power to defend you against these charges. Schedule your appointment to speak with us. We offer a no-obligation initial consultation. Our expert criminal defense lawyers will fight tirelessly to minimize or dismiss your charges entirely. Call us today at 310-502-1314.