Are you facing charges for Possession for Sales? Violation of California Health and Safety Code 11351 is a felony offense that can negatively affect your future for the duration of your lifetime. Drug addiction is a serious problem, but lawmakers are still focused on incarceration rather than rehabilitation. With the help of skilled legal defense, you may be able to avoid a conviction by taking advantage of alternative sentencing programs or obtaining a case dismissal.
At MacGregor & Collins, LLP, our Orange County drug crime lawyers have decades of experience assisting alleged drug crime defenders in Southern California. They offer free consultations and case evaluations for anyone facing drug charges. Call 949-250-6097 or take the time to fill out our contact form to reach an experienced legal professional who can help get you back on your feet.
HS 11351 Defined
Possession of Sales is closely related to Possession of a Controlled Substance under HS 11350. These are distinguished by either simple possession, or having this controlled for sale, which constitutes a more serious crime.
Some of the telltale signs of possession for sales include that the defendant had bulk supplies of the controlled substance, the drug was packaged in bundles, or there were measuring equipment close by.
A controlled substance is monitored by The United States Controlled Substances Act, and a few examples include heroin, cocaine, peyote and others. There are other prescribed medicines such as Vicodin, which if found without a prescription and for resale, this would violate the same HS code 11351.
In order to prosecute for California HS Code 11351, the state has the burden to prove you were guilty of either:
- The accused possessed an illegal drug
- The accused was aware that this was a controlled substance
- The accused had this drug in their possession with the objective to sell or redistribute
Health and Safety Code 11351 define three separate types of possessions:
- Actual Possession – such as carrying the drug in a pocket or bag
- Constructive Possession – the drug is somewhere else, and the defendant has full control over it
- Joint Possession – the ownership is shared with someone else
Penalties for Those Convicted of 11351 HS
Possession for Sales is a felony offense, and those found guilty can face:
- Up to I Year in the Orange County Jail, and a probation, or
- Up to two, three or four years in the California State Prison , and up to $20,000 in fines
If you have been summoned to a court of law for Possession or Sales charges relating to California HS Code Section 11351, our defense attorneys can help you. By taking advantage of a free legal case evaluation you will put yourself in a better position to evaluate all of your options. Call us today at (949) 250-6097.