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Drug possession with intent to sell is one of the most frequently prosecuted drug crimes in California. Prosecutors may treat these cases like organized drug activity, even when the facts suggest otherwise. If convicted, you could face years in prison and related consequences.
Just being charged under California drug laws doesn’t mean you’ll be convicted, especially when you have an aggressive attorney on your side. The Law Offices of Justin E. Sterling can protect your rights and fight for the best possible outcome for you. Contact us today to learn more from a criminal defense lawyer with extensive experience handling drug charges across California.
What Is Health and Safety Code § 11351?
California Health and Safety Code § 11351 makes it a felony to possess certain controlled substances with the intent to sell them. This includes drugs like cocaine, heroin, fentanyl, and many prescription medications (if you don’t have a valid prescription). To convict someone under this law, prosecutors must prove the following:
- The person unlawfully possessed a controlled substance.
- The person knew they possessed the controlled substance.
- The person knew it was a controlled substance.
- A usable amount of the substance was involved.
- The person intended to sell the controlled substance to others.
The law applies to both actual possession (having the drugs on you) and constructive possession (having control over drugs that are kept somewhere else, like in your home or car). Even if you’re not physically holding the drugs, prosecutors can still bring charges if they believe you had control over and planned to sell them.
What Is the Difference Between Possession and Possession for Sale?
Simple drug possession means having a controlled substance for personal use. Possession for sale means having it with the intent to sell or distribute it to someone else. The difference matters because the penalties are worse if prosecutors can prove you planned to sell the drugs.
For example, possessing a small amount of cocaine for personal use is typically charged under Health and Safety Code § 11350 and is sometimes a misdemeanor. However, if prosecutors believe you planned to sell that cocaine, they can file felony charges under HS 11351.
Intent can be difficult to prove. Cases can hinge on circumstantial evidence, including the following:
- Large quantities of drugs
- Packaging materials
- Pay-owe sheets
- Scales and other equipment
- Large amounts of cash
- Text messages suggesting drug sales
Sometimes law enforcement assumes intent to sell based solely on the quantity of drugs, even when there’s no other evidence of sales activity. That’s why we at The Law Offices of Justin E. Sterling challenge the prosecution’s assumptions from the start.
Penalties for Violating HS 11351
A conviction for possession of drugs with intent to sell can result in the following:
- Two, three, or four years of incarceration
- Tens of thousands of dollars in fines
- Felony probation (in some cases)
- Permanent felony record
Certain aggravating factors can increase the severity of the penalties. For example:
- Prior drug convictions can lead to additional jail time.
- Possessing more than one kilogram of a controlled substance can add three to 25 years in prison and fines up to $8 million under California Health and Safety Code § 11370.4.
- Selling or offering to sell drugs near schools or involving minors can also result in enhanced sentencing.
A felony drug possession conviction could also affect your immigration status, professional licenses, employment opportunities, and housing options.
Common Defenses Against 11351 Charges
Every case is different, so the right defense strategy for you depends on the specific facts of your case. Still, there are a few common defenses in drug possession with intent to sell cases, such as the following:
- Lack of Intent to Sell – Prosecutors must prove that you intended to sell the drugs, not just that you had them. If your attorney can prove that the drugs were for personal use, this can reduce the charge to a misdemeanor possession charge.
- Unlawful Search and Seizure – The police must follow strict rules when searching you, your home, or your vehicle. If law enforcement conducted an illegal search, the court may exclude the evidence they found.
- Lack of Knowledge – If you didn’t know the drugs were there or didn’t know they were a controlled substance, you can’t be guilty under the law. This defense can apply if someone else left drugs in your space or vehicle without your knowledge.
- Insufficient Evidence – The prosecution has to prove every part of the crime beyond a reasonable doubt. If there’s no direct evidence linking you to the drugs or showing intent to sell, they may not be able to secure a conviction.
- Entrapment – Law enforcement can’t pressure or trick someone into committing a crime they wouldn’t have committed otherwise. If undercover officers or informants coerced you into handling or selling drugs, this could be a valid defense.
What to Do if You Are Charged
The following are steps you should take if you’re facing a drug possession with intent to sell charge:
- Stay silent. Don’t discuss the case with the police, friends, or anyone else.
- Contact a criminal defense lawyer immediately.
- Write down everything you remember about your arrest, including what happened and what the officers said.
- Avoid contact with witnesses. Don’t attempt to influence or communicate with potential witnesses in your case.
- Follow any bail conditions and attend all court dates.
These steps help us build the strongest possible defense and prevent the prosecution from using things you say or do against you later.
Why Choose Law Offices of Justin E. Sterling?
Prosecutors often try to pressure you into accepting a plea deal before you understand your options. The Law Offices of Justin E. Sterling takes a different approach. Our team of experienced Drug Defense Lawyers has handled hundreds of felony drug cases in courts across Southern California. We’ve successfully negotiated reduced charges and taken cases to trial when necessary.
We also understand that your case significantly impacts your life, future, and ability to move forward. That’s why we’ll take the time to investigate every angle, explain your options, and build a defense strategy designed for your specific case.
Contact an Experienced Criminal Defense Attorney Today
If you’ve been charged with drug possession with intent to sell under Health and Safety Code § 11351, contact the Law Offices of Justin E. Sterling today for a confidential consultation.
