California law regulates the possession, use, and sale of some substances. You can be arrested and charged with possessing a controlled substance for sale if you have a usable amount and your intentions to exchange it for money are clear. Possession of a controlled substance for sale is a severe offense that involves illegal narcotics and prescription medication obtained without a valid prescription.

Possessing a controlled substance and intending to sell it is a grave offense charged under California Health and Safety Code 11351. A conviction for the crime will have severe legal and collateral consequences, including lengthy incarceration and hefty fines. Since criminal convictions in California are public records, your conviction will appear on background checks and impact multiple aspects of your life.

If you or a loved one faces charges for possessing a controlled substance for sale, you must hire a competent defense attorney. At California Criminal Lawyer Group, we offer top-notch legal insight for clients facing charges for HSC 11351 violations in Fresno, CA.

An Overview of Possession of a Controlled Substance for Sale

If you possess a controlled substance to sell, you can be arrested and charged under Health and Safety Code 11351. Before you face a conviction for possession of a controlled substance for sale, the prosecution must prove the following elements beyond a reasonable doubt:

You Possessed a Controlled Substance

Possession is the first element that establishes your liability under HSC 11351. Under this statute, drug possession can be:

  • Actual possession. You are in actual possession of a controlled substance if the drug is found on your person or in your pocket.
  • Constructive possession. Constructive drug possession means that you have control over the substance.
  • Joint possession. You could be charged with possessing a controlled substance for sale if you possess the substance with another person.

Your Knowledge of the Presence and Nature of the Substance

You will only be found guilty if you know of its presence. You must also know its nature as a controlled substance under California law.

You possessed a Usable Amount of the Drug

You cannot be charged with possessing a controlled substance for sale if you are found with traces of an illegal drug that cannot cause any effect when consumed. Therefore, the prosecution must prove that the amount of the substance was enough for use and sale.

You Intended to Sell the Substance

Your intent to sell a controlled substance is the most critical element in an HSC 11351 case. This element helps to distinguish possession for sale from simple possession of a controlled substance. The prosecution will use the following factors to establish your intention to sell a controlled substance:

  • You possessed large quantities of the substance. If the amount of the controlled substance you possessed was more than enough for personal consumption, the prosecution could argue that you intended to sell it.
  • Large sums of money with the drugs. If the law enforcement officers find large sums of money in small denominations, the prosecution can argue that the money was proceeds from drug sales.
  • Packaging of the controlled substance. You may be charged with possessing a controlled substance for sale if the drugs are subdivided or packed in small bags, indicating a possible sale.
  • You were arrested in an area known for drug sales. The location of the controlled substance when law enforcement officers find it can impact the nature of your charges.
  • Your statements to law enforcement officers. The moments following an arrest can be nerve-wracking. This could prompt you to make self-incriminating statements, like admitting to selling the controlled substance. You can avoid self-incrimination by remaining silent until you receive legal representation.
  • Communication with buyers. Sometimes, law enforcement officers use undercover sting operations to get to individuals who sell drugs on the streets. Your communication with an undercover officer posing as a buyer can be used to show your intent to sell.

Sentencing and Punishment Under Health and Safety Code 11351

Possession of a controlled substance for sale is a felony. If you are convicted of the offense, you could face the following legal penalties:

  • A prison sentence ranging from two to four years.
  • Fines that do not exceed $20,000.
  • Felony probation.

Your prison sentence could be harsher if the controlled substance you intend to sell is cocaine or a cocaine base. In this case, your sentence will increase to 25 years. The number of years added to your sentence will significantly depend on the quantity of the substance you possess.

Can I Avoid Incarceration for Possession for Sale of a Controlled Substance Through a Drug Diversion Program?

Under PC 100 and PC 36, drug diversion is a program that allows non-violent drug crime offenders to receive treatment instead of spending time behind bars for their crimes. When you enter a drug diversion program, the court will impose certain conditions you must follow. If you complete the diversion programs, your case will be dismissed.

Unfortunately, drug diversion is unavailable for defendants facing charges under California Health and Safety Code 11351. Therefore, it is critical to have a reliable defense attorney who can negotiate with the prosecution to reduce your charges to simple possession.

Probation for HSC 11351

Under California law, there are three sentencing options, including incarceration, fines, and probation. After your felony conviction under HSC 11351, the court can sentence you to probation instead of incarceration. A probation sentence will allow you to spend some of your prison sentence on community service.

Although probation is a less severe sentence than incarceration, it is not available for all defendants. The court could sentence you to probation if you are a first-time offender or do not have an extensive record of violent felonies.

While on probation for possession of a controlled substance for sale, you will be required to follow these probation conditions:

  • Avoid violating other laws except for traffic violations.
  • Regular check-ins with your probation officer. This allows you to report your progress. Your probation officer will write a report on your probation performance at the end of your sentence.
  • Community service.
  • Random drug testing
  • Undergo substance abuse counseling.

The court is often strict on adherence to probation conditions. Violating these conditions can result in an arrest and charges for probation violation. This could jeopardize your freedom through a probation revocation.

Lasting Consequences of an HSC 11351 Conviction in California

The impact of a drug crime conviction goes beyond incarceration and fines. A conviction for possessing a controlled substance for sale will appear on your record. When a person or an agency performs a background check on you, they could find the conviction and use it against you. The following are common collateral consequences of a conviction under HSC 11351:

Permanent Criminal Record

When you are convicted of a drug crime, you will have the conviction on your record. Under California law, proper convictions will be discovered through your background check. Unless you attempt to expunge the record or seek a certificate of rehabilitation, you must disclose the conviction.

Securing Employment

Most employers will either require you to disclose your convictions or perform a background check on you. A conviction for possessing a controlled substance with the intention to sell it can taint your reputation and be the basis for denying you an employment opportunity or promotion at your job. Although employers should not use your conviction against you, your criminal record makes it difficult to form a professional relationship.

Receiving a Professional License

Some professionals take years of study to obtain a practice license. The licensing boards are often very vigilant when issuing professional licenses or allowing you to renew your license. Your licensing board will be informed if you face a drug crime conviction. Sometimes, a drug conviction may indicate your character flaws, which could result in the revocation or suspension of your license.

College Applications

Many individuals with criminal convictions join college and graduate. However, your chances of getting into a good college may be slimmer with a drug conviction on your record. Even when you are enrolled in college, the conviction can impact people's views of you and cause immense stigma.

Immigration Consequences

If you are an immigrant in the United States, a drug crime conviction could negatively impact your immigration status. If you are a repeat offender facing conviction for possessing a controlled substance for sale, you risk deportation or being rendered inadmissible in the United States. If you are in the process of obtaining a green card or visa, a conviction for violating HSC 11351 can prevent you from taking the next step in your immigration process.

Legal Defense Against Charges for Possession of a Controlled Substance for Sale

A conviction for violating HSC 11351 can affect your life long after you have served your prison sentence. This could put a strain on your personal and professional lives. Therefore, if you are arrested and charged with possessing or selling a controlled substance, you must aggressively fight the charges to avoid a conviction.

The following are defenses you can present to fight your charges:

Lack of Possession

The first element that the prosecution must prove to establish your liability Under HSC 11351, you must possess a controlled substance. Controlled substances are classified according to their potential impact on your mental and physical capacities. In this case, possession could be constructive, joint, or actual.

Joint and constructive possession could be challenging for the prosecution to prove, giving you a chance to fight for your freedom. If the prosecution cannot show that you possessed a controlled drug, you cannot be convicted under this statute.

Lack of Knowledge

For most drug crime charges in California, you cannot be convicted unless the prosecution establishes your knowledge of the presence and nature of the substance. Sometimes, you may be charged with possessing a controlled substance for sale just because law enforcement officers found the substance in a place where you had access.

Therefore, you can avoid a conviction under HSC 11351 by proving to the court that you did not know about the presence of the controlled substances.

Lack of Intent to Sell

The most critical element the prosecuting attorney in your case must prove to the court is your intention to sell the controlled substance. This element distinguished HSC 11351 from HSC 11350, which addresses the simple possession of a controlled substance.

The prosecution will prove your intent to sell through the quantity of the substance you possessed, the packaging, and the presence of other items that could suggest you wanted to sell the substance.

If you admit that you possessed the drugs but did not intend to sell them, you can be charged with simply possessing a controlled substance, which is a less serious offense. Unlike HSC 11351, which is a felony, simple possession is a misdemeanor that carries a jail sentence that does not exceed one year. Sometimes, you could avoid incarceration by entering and completing a drug diversion program.

False Allegations

A drug-crime conviction can have devastating impacts on your life. Unfortunately, some cases of possession of a controlled substance with the intent to sell are based on false allegations. This occurs when a person gives law enforcement officers wrong or falsified information about their dealings.

California law is strict when dealing with drug crimes. Therefore, the police can rely on false allegations to arrest you, resulting in a criminal case. If you are a victim of false allegations, a reliable criminal defense lawyer can help you uncover the false allegations and avoid a conviction.

Insufficient Evidence

The prosecution must prove all the elements of your crime before securing a conviction for possessing a controlled substance for sale. Proving the elements of the crime requires the prosecution to present physical evidence, circumstantial evidence, and witness testimony to support the claims.

With the help of a drug-crime defense lawyer, you could create doubt in the prosecutor’s case and argue that they have insufficient evidence to prove your case beyond a reasonable doubt.

Unlawful Search and Seizure

Under California law, police officers must have a valid search warrant to search your person, home, or vehicle. Law enforcement officers should be within the warrant's scope when executing a search warrant.

When law enforcement officers suspect you intend to sell a controlled substance or receive a tip for your drug crime, they may act quickly to obtain evidence. This could involve unlawful searches.

If the evidence presented in your HSC 11351 case was obtained in an unlawful search and seizure, you could petition the court to exclude it. The exclusion of some evidence will weaken the prosecutor’s case and increase your chances of avoiding a conviction.

Entrapment

Entrapment occurs when law enforcement officers lure you into committing a crime that you could not have committed without their insight. Sometimes, police officers set up sting operations to induce you to commit a crime. This is done by giving you the drugs and encouraging you to sell them. Establishing an entrapment defense can help you avoid a conviction under HSC 11351.

Offenses Related to California HSC 11351

Possession of a controlled drug with intent to sell is one of the most serious drug crimes you could be charged with. When you face charges for this offense, the prosecution can introduce the following related charges in your case:

Simple Possession of a Controlled Substance

You could be arrested and charged with possessing a controlled substance if you are in actual or constructive possession of illegal drugs like cocaine, heroin, or meth. Additionally, you can be charged under HSC 11350 for possession of prescription medication without a valid license.

When you are charged with possessing a controlled substance for sale, your attorney can negotiate a reduction of your charge to simple possession. A conviction for this offense requires the prosecution to prove the following elements beyond a reasonable doubt:

  • You possessed a controlled substance.
  • You knew about the presence of the controlled substance.
  • You knew the nature of the substance.
  • You possessed a usable amount of the controlled substance.

Simple possession of a controlled substance is a misdemeanor punishable by a maximum of one year in county jail. Additionally, the court could impose a $1,000 fine or probation instead of incarceration.

Possession of Drug Paraphernalia

Under California HSC 11364, possessing any device or instrument used for smoking, ingesting, or injecting a controlled substance is illegal. One of the factors that helps the prosecution prove an intent to sell a controlled substance is the presence of paraphernalia consistent with sales. Therefore, you could be charged with possessing drug paraphernalia and HSC 11351.

  • The elements specific to HSC 11364 include:
  • You unlawfully possessed drug paraphernalia.
  • You knew of the item's presence.
  • You knew the object was used to manufacture a package or use a controlled substance.

Possession of drug paraphernalia is charged as a misdemeanor under California law. A conviction for the offense can see you spend up to one year in jail and pay $1,000 in fines. If you possessed the paraphernalia on your business premises, you could lose your business permit after the conviction.

Possession of Marijuana for Sale

In 2018, recreational marijuana was legalized in California. However, the legalization only applies to possession for personal use. Unless provided by law, possession of marijuana for sale is a crime under Health and Safety Code 11359. Before you are convicted of possession of marijuana for sale, the prosecution must prove that:

  • You possessed a controlled substance.
  • You knew the presence and nature of the substance.
  • The controlled substance was marijuana.
  • You intended to sell the drug illegally.
  • There was a usable amount of the substance.

You will face a misdemeanor charge for the possession and sale of marijuana. If you are convicted of the offense, you will spend up to six months in jail or pay a fine of up to $500. Although drug diversion is not an option for defendants facing this crime, you could avoid incarceration by negotiating a probation sentence for your crime.

Possession of Methamphetamine for Sale

Health and Safety Code 11378 makes it a crime to possess methamphetamine with the intent to sell it. You will be found guilty under this statute if the following elements are proven beyond a reasonable doubt:

  • You possessed methamphetamine unlawfully.
  • You knew of the presence of the drug.
  • You knew the nature and character of the drug as a controlled substance.
  • You possessed the substance and intended to sell it.

You could be charged with possession of methamphetamine with intent to sell instead of possession of a controlled substance for sale if the substance in question is meth. A violation of Health and Safety Code 11378 is a felony. A conviction for the offense carries a prison sentence of up to three years and fines not exceeding $10,000. You may receive an enhanced sentence for this crime under the following circumstances:

  • You possessed methamphetamine in a drug treatment center.
  • You possessed a large quantity of methamphetamine.
  • You intended to sell the substance to a minor.

Find a Criminal Defense Attorney Near Me

If you are arrested for possessing a large quantity of a controlled substance and your intention is clear, you could be charged with a serious crime under HSC 11351. Before you are convicted of violating HSC 11351, the prosecution must prove all the elements of the crime explained above beyond a reasonable doubt. The most critical element of this offense, distinguishing it from simple possession, is the evidence of your intention to sell the controlled substance. The stakes are high for defendants facing charges of possession of a controlled substance for sale.

If you are convicted of the offense, you risk facing a lengthy prison sentence. The consequences of a conviction under HSC 11351 go beyond incarceration and fines. Fortunately, you can build a solid defense and avoid a conviction with proper legal guidance.

Your choice of lawyer will make a difference in the outcome of your case. At California Criminal Lawyer Group, we understand the impact of your drug crime conviction in Fresno, CA. We will work hard to protect your constitutional rights and help you secure a favorable outcome in your case. Call us at 559-712-8377 today to discuss the details of your case.