Drug-related offenses are taken very seriously in California, including those involving possession for sale of controlled substances. According to Health and Safety Code (HS) 11351, it's a felony to possess a controlled substance with the intention of selling it. 

A conviction for this crime can have severe penalties, including prison time and large fines. What's more, drug diversion programs, which offer the prospect of rehabilitation rather than criminal charges, aren't available like in cases of simple possession.

What Is California Health and Safety Code 11351?

Under HS 11351, it's illegal to possess certain controlled substances with the intention to sell them. The law applies to substances such as:

• Illegal narcotics (cocaine, heroin, ecstasy, LSD, GHB, and peyote)
• Prescription opiates (oxycodone, hydrocodone, Vicodin, and codeine) 
• Other controlled substances that are classified under California’s drug schedules

To convict a suspect of violating HS 11351, prosecutors must prove the following:

• The defendant was found with a controlled substance
• The defendant knew they had the substance
• The defendant knew the substance was controlled
• The quantity of the substance was more than for personal use
• The defendant had intentions to sell the substance

Each of these premises must be proven beyond a reasonable doubt for there to be a conviction.

Possession vs. Possession for Sale

Securing a conviction under HS 11351 involves proving intent to sell. Simply possessing drugs isn't enough — the prosecution must demonstrate that the defendant had designs to distribute them. They may use various forms of circumstantial evidence to establish intent, including the following:

• An amount of any controlled substance that exceeds what's considered normal for personal use
• Drugs stored in multiple baggies, balloons, or other packaging
• The presence of scales and other measuring devices or packaging materials
• Cash found near the location of the drugs
• Observations of frequent short-term visitors to the same location
• A lack of drug paraphernalia for the defendant's own personal use

Law enforcement officers and prosecutors will analyze these and other types of evidence to determine the appropriate charges and attempt to prove the defendant's guilt.

Penalties for Violating HS 11351

Violating HS 11351 is a felony offense that carries several harsh penalties. Standard sentencing guidelines include two to four years in county jail (or state prison if the case involves aggravating factors), a fine of up to $20,000, and felony probation in some cases. 

If the controlled substance is heroin, cocaine, or another Schedule I drug, the penalties will increase based on the quantity involved. For non-U.S. citizens, a conviction under HS 11351 can mean deportation, denial of re-entry, and visa ineligibility.

Possible Legal Defenses to Challenge HS 11351 Charges

Being accused of violating HS 11351 is very serious. Fortunately, several legal defenses can be raised to challenge the prosecution's case and potentially preserve the defendant's freedom, including the following:

Lack of Intent to Sell

When the prosecution can't prove intent to sell beyond a reasonable doubt, the defendant may have their charges reduced to simple possession, which comes with far less severe consequences and allows eligibility for a drug diversion program.

Unlawful Search and Seizure

If law enforcement officers violated the defendant's Fourth Amendment rights, such as through unlawful search and seizure, any evidence obtained may be suppressed and the charges potentially dropped.

No Knowledge of the Drugs

If the defendant shares a space or vehicle with others, they may not have been aware that there were drugs present, which would overturn the allegations of possession.

False Accusations

Defendants might argue that they were wrongly accused or that the drugs belonged to another person.

Entrapment

When law enforcement pressures or coerces a defendant into committing a crime against their will, it can be considered entrapment and provide grounds for the dismissal of the case.

Possession for Sale of a Controlled Substance Carries Serious Legal Consequences 

Possession for sale of a controlled substance is a felony offense in California, one that comes with severe repercussions. A defendant who is convicted might face years in prison and substantial fines. They could even be deported and banned from the country if they're not a U.S. citizen. 

In certain cases, it may be possible to get these charges reduced or dismissed altogether. If you or a loved one is facing an HS 11351 charge, an experienced criminal defense attorney can explain the options you may have available.