Under California law, controlled substances are drugs or other substances whose cultivation, possession, sale, and consumption are regulated by the government. Possession of a controlled substance with the intent to sell it can result in your arrest and severe criminal charges under California Health and Safety Code 11351.

However, before your conviction under this statute, the prosecuting attorney must present sufficient evidence to prove that you possessed the substance and had the intent to sell it. Unlike simple possession of a controlled substance, which is a misdemeanor, a violation of HSC 11351 can result in a felony conviction and a lengthy prison sentence.

The consequences of your conviction for this offense go beyond incarceration and fines. The conviction will enter your criminal record and impact multiple aspects of your life. You will benefit from the expert legal guidance we offer at Monterey Criminal Attorney if you face charges under HSC 11351 in Monterey, CA.

Understanding California HSC 11351

California law makes it a crime to possess a controlled substance in the state with the intent to sell it. The Health and Safety Code is vigilant in protecting California citizens from the dangerous effects of different types of drugs. Possession for sale of a controlled substance is regulated by Health and Safety Code 11351, and the laws apply to both illegal narcotics and prescription medications.

Most controlled substances fall under severely set schedules listed by federal laws. Therefore, you can be charged with violating this statute in federal and state courts. If you are arrested and charged under HSC 11351, the prosecution must prove these elements beyond a reasonable doubt:

You Possessed a Controlled Substance

The first element that must be established when establishing your liability for possession of a controlled substance with the intent to sell is that you possessed the drug. In this case, a controlled substance is any chemical whose use, sale, and possession is regulated by the government.

Controlled substances are categorized into different classes depending on their ability to impact a person’s mental and physical well-being. Common examples of controlled substances whose possession could result in criminal charges include:

  • Heroine
  • Ecstasy
  • Cocaine
  • GHB
  • Peyote
  • Hallucinogens
  • Methamphetamine
  • Prescription painkillers like morphine.

There are three primary forms of possession, including:

  • Actual possession. This means that you were in immediate or direct control of the substance. This occurs when the substance is on your person or in your bag. There is no requirement that you hold or touch the drug to fulfill this element.
  • Constructive possession. You can be in constructive possession of a controlled substance if the drug is in an area where you exercise control. Places where your control is assumed include your home or your vehicle.
  • Joint possession. You can still be arrested and charged with possession of a controlled substance for sale if you jointly possess the substance with someone else.

You Knew of the Presence of the Substance

Another element that the prosecution must prove in court to show that you possessed a controlled substance for sale is your knowledge of the presence of the substance. This means that you knew the substance was within your control. Additionally, it must be clear that you knew of the substance's nature as a controlled substance in California.

This means that the prosecutor must establish that you knew the substance could be abused or used as a narcotic. However, there is no requirement for you to know the exact component of the controlled substance to secure a conviction. Proving these elements helps protect individuals from being framed for possession of substances they don't know anything about.

You Possessed a Usable Amount of the Controlled Substance

You cannot be found guilty of violating California HSC 11351 if the amount of the controlled substance you possessed is not usable. While there are no specific laws on how much is a usable amount of the drug, a usable amount of the drug is any quantity that is large enough to produce physical or mental effects on the user. Therefore, possessing useless traces of a controlled substance cannot result in your conviction for this offense.

You Intended to Sell the Substance

The most critical element of California HSC 11351 is your intent to sell the substance. This element differentiates possession of a controlled substance for sale from simple possession. Selling a controlled substance involves exchanging it for money or another valuable item. Some of the factors that the prosecution can use to prove your intent to sell a controlled substance include:

  • Quantity of the substance you possessed. The prosecution will review the amount of the controlled substance you are accused of possessing before charging you with possession for sale. Having more of a controlled substance that is enough for consumption by an average person could create suspicion about your intent to sell. However, since some drug users stock up large quantities of the substance for prolonged use, possessing a large amount of a controlled substance is not enough for a conviction under HSC 11351.
  • Packaging of the substance. The packaging of the controlled substance you possess is critical in establishing your intent to sell it. If the drugs are packed in bundles, baggies, or balloons, the prosecution can conclude that they were packaged for distribution or sale.
  • Presence of drug paraphernalia. Under California law, drug paraphernalia is any material used for consumption, smoking, or administration of a controlled substance. Typical forms of drug paraphernalia include pipes, bongs, and syringes. If you have drug paraphernalia associated with sales, the prosecution can argue that you intended to sell the controlled substance that you possessed. This could include measuring instruments, weighing scales, and packaging papers.
  • Being under the influence. Although being under the influence of a controlled substance is not always an indication of your intent to sell the drugs, most drug dealers are also users. Therefore, if you are under the influence of drugs during your arrest for possession, law enforcement officers could perform further investigations to determine whether you intended to sell the substance.

Legal Penalties for Possession of a Controlled Substance for Sale

Under California law, Possession for the sale of a controlled substance attracts felony charges. A conviction for the offense could result in the following penalties:

  • Two to four years in prison
  • A fine not exceeding $20,000
  • Felony probation

If you are convicted of possession or the sale of cocaine, you could face a maximum of five years in prison and $20,000 in fines. Additionally, you will face the following sentence enhancements:

  • Three years in prison for more than one kilogram of the substance
  • Five years for a controlled substance exceeding four kilograms
  • Ten years for cocaine or heroin weighing 10 kilograms or more
  • Fifteen years for more than 20 kilograms of the substance
  • Twenty-five years in prison for cocaine or heroin exceeding 80 kilograms

If you are subject to sentence enhancement for possession or sale of heroin or cocaine, you could face up to $80,000 in fines.

Probation for Possession of a Controlled Substance for Sale

California law has three primary sentencing schemes: incarceration, fines, and probation. In most cases, probation is offered instead of incarceration. If you are sentenced to probation for possessing a controlled substance for sale, you will serve a portion of your sentence out of community service.

Felony probation can last up to five years. Although probation protects you from a lengthy prison sentence, the court will impose strict rules that defendants must follow through probation. Common probation conditions for HSC 11351 include:

  • Avoid committing other crimes while on probation
  • Submit to random drug testing
  • Attend counseling and drug treatment programs
  • Regularly check in with a court-appointed probation officer
  • Community service.

A violation of one or multiple probation conditions will result in an arrest and charges for probation violation. If the court finds that you violated your probation, the judge can revoke your probation and reinstate your original or maximum prison sentence.

Drug Diversion

Drug diversion is a program that allows individuals charged with non-violent drug crimes to serve their sentence in a drug treatment program instead of prison. Drug diversion is beneficial to most defendants since the drug charges are dismissed after the successful completion of the program. Unfortunately, if you are arrested and charged with possession of a controlled substance with the intent to sell, you cannot qualify for the drug diversion.

Collateral Consequences of an HSC 11351 Conviction

The impact of an HSC 11351 conviction goes beyond incarceration, fines, and probation. Your conviction will be entered into your criminal record, which is open to public access. This could have a further impact on other aspects of your life. The expected collateral consequences of a conviction for the sale of a controlled substance include:

Difficulty Securing Employment

Criminal records are accessible to all individuals who perform a background check on you in California. If a potential employer finds a felony drug conviction on your record, they can use it to discriminate against you. Sometimes, you can lose an existing job following your conviction under HSC 11351.

Loss of a Professional License

For professions where you need a license to practice, the licensing board is always on the lookout for individuals who commit crimes. In addition to being a criminal offense in California, possession or sale of a controlled substance is a violation of the code of conduct for most professionals.

After your felony conviction, you must report the incident to the licensing board. However, the board will be notified even when you do not report. Your conviction can result in severe consequences, including revocation or suspension of your practice license. This can significantly impact your career and livelihood.

Immigration Consequences

For United States citizens, incarceration is the most dreaded consequence of a drug crime conviction. However, for immigrants, there is an added fear of the conviction's impact on their immigration status. Possession of a controlled substance for sale is a serious felony. Therefore, you risk facing deportation or inadmissibility.

Child Custody Issues

During separation and divorce, child custody is a significant point of concern. The family court always ensures the children's best interests by awarding custody to the parents, who can provide a safe living environment for them. Before awarding custody, the court will perform a background check on you.

Having a felony conviction for possession of a controlled substance for sale may be a cause of concern for the court, resulting in a denial of custody.

Difficulty Securing Housing

Most landlords are reluctant to rent a house to someone with a felony or drug crime conviction. This is done to protect other people living in the area. Therefore, it is challenging to find a place to live with a conviction for possessing a controlled substance for sale.

Legal Defense against HSC 11351

A conviction for possession or sale of a controlled substance can have devastating effects on your life. Therefore, if you or your loved one faces charges for this offense, you must be aggressive to fight the charges. With the guidance of a knowledgeable drug-crime defense attorney, you can use the following defenses for your case:

You did not Possess or Control the Drugs

The prosecution must prove that you possessed a controlled substance before your conviction for violating HSC 11351. Therefore, you can argue that you did not possess or have control over the substance. Being close to the location of the drugs is not substantial enough to find you guilty of possession.

You Had a Valid Prescription

Some controlled substances are used to treat different diseases and conditions. Therefore, you can only possess the substance with a valid prescription. The burden of proving that you did not have a valid prescription lies with the prosecution. Therefore, you can claim that you possessed the substance for medical purposes and did not intend to sell it.

Lack of Knowledge

Another critical element in establishing your liability under HSC 11361 is your knowledge of the presence and nature of the controlled substances. You cannot be found guilty of possession with the intent to sell if you did not know of the presence of the substance. This could occur if another person leaves it in a space you share or control.

Unlawful Search and Seizure

Law enforcement officers and investigators are vigilant in their attempts to catch individuals who engage in the sale of narcotics and other controlled substances. Therefore, if the officers receive a tip about your engagement in such activities, they could search your home or person without a valid warrant. In this case, you can petition to eliminate the evidence collected in the illegal search.

Offenses Related to Health and Safety Code 11351

Possession for sale of a controlled substance is one of the most severe drug crimes with which you can be charged in California. When you face charges for this offense, the prosecution can introduce the following related offenses in your case:

Possession of a Controlled Substance

California law makes it a crime to possess a controlled substance. This is after recognizing the destructive effects of drugs and drug addiction on lives and communities. Controlled substances range from illegal narcotics to prescription medication obtained without a valid prescription. If you are found in possession of a controlled substance, you could be arrested and charged under California HSC 11350.

You will be found guilty under this statute if the prosecution can prove the following elements of the crime:

  • You possessed a controlled substance unlawfully. Possession of a controlled substance could either be actual or constructive, depending on the circumstances. Common substances whose possession is a crime in California include heroin, cocaine, peyote, and meth.
  • You knew of the drug's The prosecutor must prove your knowledge of the presence and character of the substance before your conviction for simple possession.
  • The controlled substance was in a usable amount. You must have had a usable amount of the controlled substance to be charged under HSC 11350

A violation of HSC 11350 is a misdemeanor punishable by up to one year in jail and $fines. If you are a first-time offender, you can avoid incarceration through a drug diversion program.

Possession of a controlled substance is one of the less serious drug crimes. Therefore, if you are charged under HSC 11351, you can negotiate to reduce the charge to simple possession. This helps protect you from the severe consequences of a felony conviction.

Possession for Sale of Marijuana

Although possession of marijuana for recreational and medical purposes is legal in California, you can be arrested and charged with possession with the intent to sell marijuana. The prosecution must prove these elements before your conviction for possession and sale of marijuana:

  • You possessed a controlled substance
  • You knew of the presence and nature of the substance as a controlled substance in California.
  • The substance was marijuana
  • The marijuana was in a usable amount
  • You intended to sell the substance

Your intent to sell the marijuana will differentiate this crime from simple possession of marijuana, which is a misdemeanor when done in violation of the quantity and age restrictions. If you are arrested with possession of a controlled substance for sale and the substance is determined to be marijuana or its derivatives, you will be charged with HSC 11359 instead of HSC 11351.

Possession of Drugs While Armed

You violate California Health and Safety Code 11370 if you possess a controlled substance while being armed with an operable firearm. The elements that the prosecuting attorney must prove to establish your guilt under this statute include:

  • You possessed a usable amount of a controlled substance
  • You know if the presence of the substance and its character as a controlled substance
  • The substance you possessed was in a usable amount
  • While in possession of the controlled substance, you had an operable or loaded firearm.

Possession of drugs while armed is a serious felony punished by a prison sentence of up to four years and fines that do not exceed $10,000. If you are a first-time offender, you can avoid serving your entire sentence in prison by serving a three to five-year probation sentence. However, you must understand that drug diversion is unavailable for defendants charged under this statute.

Manufacturing a Controlled Substance

Under HSC 11379, it is unlawful to manufacture, produce, or process a controlled substance in California. Under this statute, you can be found guilty if the prosecutor proves that you willfully manufactured, produced, or compounded a controlled substance. Additionally, it must be apparent that you know the nature of the substance you manufacture. The substances addressed under this statute include:

  • Marijuana
  • Cocaine
  • Heroine
  • Ecstasy
  • Methamphetamines

Manufacturing a controlled substance is a felony that carries a prison sentence of three, five, or seven years. Additionally, you will be required to pay fines of up to $50,000. The court will enhance your sentence under the following circumstances:

  • You manufactured a large quantity of the controlled substance
  • The was a minor under sixteen years old living in the location where the controlled substance was
  • You have prior drug-related convictions
  • Someone suffered severe injuries or death during the manufacturing of the substance

Find a Reliable Defense Lawyer Near Me

If you illegally possess a controlled substance to sell it or exchange it with something valuable, you can be charged with a violation of HSC 11351. Often, law enforcement officers could perform undercover operations to gather more evidence and establish your intentions to commit the crime.

A conviction for possession of a controlled substance for sale could result in severe punishment, which includes incarceration, fines, and a permanent criminal record. The legal and collateral consequences of a drug crime conviction can have lasting effects on your life.

Fortunately, not all arrests under this statute result in a criminal conviction. If you are arrested and charged under HSC 11351, having an experienced attorney by your side can help you distinguish between serving a lengthy prison sentence and walking away with a not-guilty verdict or a dismissed case.

At Monterey Criminal Attorney, we will offer the legal insight and representation you need to battle criminal charges and secure a desirable outcome in your case. We serve clients fighting drug crime charges throughout Monterey, CA. Contact us at 831-574-1791 to discuss your case.