Definition of California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance
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.
Proving Violation of California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance
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:
• The defendant was in possession of a controlled substance. Controlled substances include cocaine, heroin, opiates, LSD, peyote, illegal prescription medications, and various other hallucinogens.
• The defendant was aware that they were in possession of a controlled substance.
• The defendant knew that the substance they possessed had the characteristics of a controlled substance.
• 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.
• The controlled substance was an amount that could be considered usable.
Circumstantial Evidence in Proving Possession for Sale
In addition to showing that the defendant was in violation of the above, circumstantial evidence is also required, which includes:
• There were large quantities of the drug that were discovered.
• There were scales and packaging materials, which shows that the controlled substances were going to be sold.
• A large amount of cash was discovered.
• Proof of several drug transactions.
Types of Possession
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.
Offenses Related to California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance
There are three related offenses to California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance:
1. Possession of a Controlled Substance
2. Sales and Transportation of Controlled Substances
3. Possession, Sales and Transportation of Methamphetamines
Example of Violation of California Health and Safety Code Section 11351 HSC: Possession For Sale Of A Controlled Substance
An example of being in violation of this crime is the following:
A woman is home one night and she gets a knock on the door. There are two police officers standing there, and they have a search warrant for the premises. While searching, the officers find a large amount of cocaine, plus a scale and packaging material. They also find a large amount of cash and a ledger. Though the police officers didn’t catch a sale in action, the woman could still be convicted because of all the items that were present that are associated with the sale of a controlled substance.
Defenses to Possession For Sale Of A Controlled Substance
It’s possible that the defendant will be able to challenge the evidence if the drugs were discovered during a search that was unlawful, such as one that the police officers didn’t have a warrant for. The judge could opt to suppress any evidence that was discovered this way, which could get the case dismissed. There may also be a defense if the defendant did not intend to sell the controlled substances.
Penalties if Convicted of Possession For Sale Of A Controlled Substance
If you are convicted of Possession For Sale Of A Controlled Substance, the crime is considered a felony. You could face up to four years in prison. If the substance is cocaine or cocaine-based, you may get as many as five years in prison.
The weight of the substance plays a role in how much prison time you’re assigned. The guidelines are as follows:
• You’ll get an extra three years if there’s more than one kilogram of the drug.
• You’ll get an extra five years if there are over two kilograms.
• You’ll get an extra ten years if there are more than ten kilograms.
• You’ll get an extra 15 years if there are more than 20 kilograms.
• You’ll get an extra 20 years if there are more than 40 kilograms.
• You’ll get an extra 25 years if there are more than 80 kilograms.
If you’ve been charged with Possession For Sale Of A Controlled Substance, contact an experienced criminal defense lawyer right away.
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