Drug-related crimes carry severe consequences if you are convicted. Under California Health & Safety Code §11351, you could be charged with possession for the sale of a controlled substance.
If you are found guilty, your life could be forever changed. Jail or prison time, science, probation requirements, community service, and penalties could haunt you forever. If you hope to get back to your life, get an experienced criminal defense lawyer advocating for you and your future.
What Is California Health & Safety Code §11351?
Drug possession is a felony offense, but if you are in possession of a controlled substance and had the intent to sell it, you could be facing penalties under California Health & Safety Code §11351.
For the state to prove guilt beyond a reasonable doubt for possession or sale of a controlled substance, they must prove that you have met the following elements of the crime:
- You were in possession of a controlled substance
- You knew that you were in possession of a controlled substance
- You knew that the substance you were in possession of was a controlled substance
- You had the intent to sell the controlled substance you were in possession of
- You were in possession of a usable amount of a controlled substance
How Are Controlled Substances Classified in CA?
Controlled substances in the state of California are based on the federal Controlled Substances Act. Drugs are classified in schedules based on their medicinal use and potential for abuse. There are five schedules of drugs as follows:
- Schedule V Drugs – These controlled substances have the least propensity for abuse and are widely accepted in the medical community. Some examples include Robitussin, Motofen, and Robitussin.
- Schedule IV Drugs – These drugs are more likely to be abused but are still widely used within the medical community. Some examples include Xanax, Valium, Ambien, Ativan, tramadol, and phentermine.
- Schedule III Drugs – These drugs are not widely accepted in the community and have a moderate risk of addiction and abuse. Some examples of Schedule III drugs under California Health and Safety Code 11056 include ketamine, benzphetamine, testosterone, and compounds containing less than 90 mg of codeine per dose.
- Schedule II Drugs – These drugs are far more likely to be abused and have dependency issues, and are rarely used within the medical community. Some examples of these drugs include Sentinel, methamphetamine, coding, Vicodin, Adderall, morphine, opium, oxycodone, OxyContin, and Ritalin.
- Schedule I Drugs – Schedule l drugs are not accepted in the medical community and have a high risk of being abused by users. Some examples of Schedule l drugs include heroin, peyote, and LSD.
Evidence to Prove Guilt Under California Health & Safety Code §11351
The state must present evidence that proves your guilt beyond a reasonable doubt. Some of the more common types of evidence that are used to prove guilt under California Health & Safety Code Section 11351 include:
- Large amounts of scales and packaging materials
- Large amounts of any type of controlled substance
- Large amounts of cash
- Large amounts of other types of drug paraphernalia
- Other evidence of drug transactions
What Offenses Are Related to California Health & Safety Code §11351?
There are multiple criminal offenses related to possession of a controlled substance with the intent to sell. Some of the more common crimes you could be charged with include:
- Possession of a controlled substance under California Health & Safety Code §11350
- The sale and transportation of a controlled substance under California Health & Safety Code §11352
- The possession, transportation, or sale of methamphetamines under California Health & Safety Code §§11377–11379.
Consequences of a Conviction Under California Health & Safety Code §11351
Possession of a controlled substance with the intent to sell is generally considered a felony offense. The severity of your potential penalties will vary depending on the amount of drugs you are accused of possessing and the type of drug in question.
For instance, if you were accused of possession of a controlled substance for sale of a cocaine-based controlled substance, you could expect to spend a maximum of five years in prison.
When you add additional weight, the penalties will increase. In the worst-case scenario, you could expect to add an additional 25 years to your prison sentence if you are accused of being in possession of a controlled substance for sale of more than 80 kilograms.
How to Defend Yourself When Charged with Possession for Sale of a Controlled Substance
You might be surprised to find that you can be charged with possession for the sale of a controlled substance whether you were an actual possession of a controlled substance or not. If you were in constructive possession of the controlled substances, meaning the drugs were found in an area where multiple people within your home can access and control the area, this could be a viable defense in your case.
You could also argue that there was no intent to sell the controlled substances in this case. If you were in possession of a controlled substance but had no intent to sell, these charges under California Health & Safety Code Section 11351 would not apply.
Your attorney may argue that your constitutional rights were violated if the controlled substances in your case were seized during an unlawful search. If the law enforcement officials in your case lacked probable cause, the judge may be required to order the evidence gathered against you inadmissible.
Get Help from a Criminal Defense Attorney Today
Possession for the sale of a controlled substance is a serious crime under California law. If you hope to take back control of your life, start by retaining a powerful criminal defense attorney to help you present the strongest defense possible under the law.
Schedule a confidential review of the charges against you when you contact us today. You can fill out our secure contact form or call our office to start working on your defense as soon as possible.