Definition

Possession for Sales under California Health and Safety Code Section 11351, is a criminal offense and it is normally filed as a felony. It’s when someone possesses a controlled substance, with the intent to sell.

Examples of these substances include heroin, opiates, GHB, cocaine and others. Narcotics are controlled by the United States Controlled Substances Act.

Elements of the Crime

In order to take an Possession for Sales under California Health and Safety Code Section 11351, case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant was found with a controlled substance

·         That the defendant has a clear understanding that this was a controlled substance

·         That the defendant had this in his/her possession with the intent to sell

In addition, a possession could mean having the narcotics on themselves, at a hidden but manageable location, or shared jointly with someone else.

Punishments for California Possession for Sales

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Possession for Sales, it is usually filed as a felony, which includes:

·         Up to one year in jail, and a probation, (or)

·         Two, three or four  years in prison, and up to $20,000 in fines

Legal Defenses for California Health and Safety Code 11351

A good California defense lawyer can present many legal and valid defenses for Possession for Sales charges under California Health and Safety Code 11351 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Possession for Sales.

Learn more about other California Section Penal Codes here.