Definition of California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance
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On its own, drug possession is a felony. However, if a person not only possesses drugs, but also intends to sell them, they could be given an even stronger punishment. If you or someone you know is convicted of being in violation of California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance, there may be severe penalties to face.
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Proving Violation of California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance
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If the prosecution is tasked with proving that the defendant is in violation of California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance, they have to establish the following:
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• The defendant was in possession of a controlled substance. Controlled substances include cocaine, heroin, opiates, LSD, peyote, illegal prescription medications, and various other hallucinogens.
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• The defendant was aware that they were in possession of a controlled substance.
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• The defendant knew that the substance they possessed had the characteristics of a controlled substance.
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• While the defendant was in possession of the controlled substance, they had the intent to sell it. The term “selling” refers to exchanging the drugs for some type of valuable, which could include services or money.
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• The controlled substance was an amount that could be considered usable.
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Circumstantial Evidence in Proving Possession for Sale
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In addition to showing that the defendant was in violation of the above, circumstantial evidence is also required, which includes:
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• There were large quantities of the drug that were discovered.
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• There were scales and packaging materials, which shows that the controlled substances were going to be sold.
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• A large amount of cash was discovered.
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• Proof of several drug transactions.
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Types of Possession
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There are two types of possession of a controlled substance for the sake of this statute: actual possession and constructive possession. Actual possession is when the controlled substances are found on the person. Construction possession is when the drugs are found somewhere that the person is in charge of, like their closet.
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Offenses Related to California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance
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There are three related offenses to California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance:
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1. Possession of a Controlled Substance
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2. sales and transportation of controlled substances of Controlled Substances
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3. Possession, Sales and Transportation of methamphetamines
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Example of Violation of California Health and Safety Code Section 1135\n\n
