Anyone arrested for the possession of controlled substances risks facing harsh penalties under California law. The penalties are even tougher for those found guilty of possessing controlled substances with the intent to sell. If the prosecution can prove to the court that you intended to sell the controlled substances, you could face serious penalties such as a lengthy prison sentence and hefty fines.

We at the California Criminal Lawyer Group are aware of the impact a drug-related charge can have on a person's life. That's why we are available to support you throughout the court proceedings and make sure that you are given a fair trial. Contact our Bakersfield defense attorneys today for a free initial consultation.

An Overview of Possession of Controlled Substances For Sale Under California State Laws

California's Health and Safety Laws are imposed to safeguard people from the risks associated with abusing dangerous drugs and substances. This statute covers many controlled substances, including cocaine, heroin, and certain prescription medications. Simple drug possession carries serious legal consequences.

Under HSC 11351, you will be subject to serious charges if law enforcement discovers that you planned to sell the controlled substances. This law applies to all controlled drugs, including both illegal substances and legally prescribed medications.

Controlled substances are drugs that fall under California's strict drug regulation system. They can be defined as substances or medications whose manufacture, distribution, and consumption are all monitored by the state. The majority of these substances, including cocaine and methamphetamine, are prohibited in California.

Drugs that are classified as controlled substances include painkillers like morphine, which are typically prescription medications. In California, it is illegal to possess any of the substances listed under HSC Section 11350 of the state's Health and Safety Code.

In addition, controlled substances in California are separated into five distinct groups, which are referred to as schedules. There are certain medication types and dosage levels that are prohibited in California under every schedule. These schedules include:

  • Schedule 1 includes opiates, cocaine, and mescaline.
  • Schedule 2: These contain narcotics like morphine and raw opium.
  • Schedule 3 drugs include anabolic steroids and phenobarbital, among others.
  • Schedule 4 drugs include prescription medications such as diazepam and zolpidem.
  • Schedule 5 drugs include other, less dangerous substances such as tiny amounts of codeine.

Several of these substances are also categorized as controlled drugs under federal law. This indicates that the accused person could also be charged with similar federal offenses, which would carry harsher punishments if proven guilty. This is in addition to California charges for possession.

As was already stated, it is a serious crime in California to possess any controlled substances. The purpose of Health and Safety Code 11351 is to protect the well-being of California residents by prohibiting the possession and distribution of controlled substances.

A conviction can result from simply possessing or purchasing these substances with the intent to distribute or sell them. Nevertheless, the prosecution must prove certain facts to secure a conviction for possession of controlled substances. The key elements include:

  • The accused person acquired or possessed controlled substances.
  • The defendant knew about the controlled substance's existence.
  • The accused knew the drug's properties and its inclusion on the list of controlled substances.
  • The defendant possessed a sufficient quantity of that controlled substance for personal use or to sell.

And you either:

  • Obtained or bought the controlled substance to resell it.
  • Had the controlled substance with the intent to distribute or sell it.

Let's explore the legal definitions of some of the terms in more detail to gain a deeper understanding:

Possession of a Controlled Substance

According to California law, "possession" refers to having control/influence over something. This type of control can be constructive, actual, or joint. Actual possession refers to having any controlled substance in one's immediate possession.

In comparison to other forms of controls, it is considerably simpler to prove. Having the substance on your immediate person could imply that the substance was discovered in your purse, pockets, or backpack that you'd been carrying around when you were arrested.

Having constructive control over the drug implies you had control over it or had the authority to access it. It's somewhat difficult to prove, but it is doable using certain circumstantial evidence. 

The item need not be in your immediate possession, but you can be able to control or access it regardless of its location. For instance, even if you don't have any heroin on your immediate person, you could still be in control of it when you have some stashed under your car seat.

When more than one individual has authority over an illicit substance, it is considered joint possession. In the previous instance, if two individuals lived together and both knew there was heroin hidden beneath the car seat, they would be found to be jointly in possession of that drug. Further evidence can be presented before the court to establish that more than one individual shared ownership of that substance.

The Knowledge that the Substance Existed

A conviction for possession of controlled substances for sale requires proof that the defendant knew both that the substance in question existed and that it was a controlled substance. If you were uninformed that there were drugs in the bag you were carrying, you would not be convicted for violating Health and Safety 11351.

The prosecution should therefore convince the judge that you knew about the substances in the bag or you knew that they were present in your home, garage, etc.

If you rent a car and the authorities check it and discover controlled substances inside, you might not have been aware of their presence. In other situations, you might have the substances in your home without realizing it, particularly if a relative or close friend hid them there without asking you.

You might be aware that some controlled substances exist but do not comprehend their nature. According to California law, you may be charged with possession if you are aware of the properties of the controlled substance.

You can't be convicted of this drug crime if you don't know what the drug is called, what chemicals are in it, or what side effects it causes. According to California drug possession laws, you could be guilty of having a controlled substance when you are aware that the substance in question is subject to regulation.

The defendant should be aware that the court can infer that he or she knew the controlled drug existed and what it was. In other situations, the court might assume you knew this depending on the way you acted after the controlled substance was found on your possessions. For instance, attempting to covertly throw substances outside your vehicle after the police pull you over can be a blatant sign that you knew the drugs were there and what kind of drugs they were.

Intent to Sell the Substances

Under California Health and Safety Code 11351, you can be convicted only if it can be shown that you intended to sell the controlled substances. This indicates that there was likely enough of the drug to be consumed and sold.

You are not required by law to tell the police what your intentions are. If there were only trace amounts of the drug, then this wouldn't support the idea of selling it, which means that you will not be convicted of the crime.

Notably, while the law mandates that the controlled substance is in a consumable quantity, it doesn't have to be in sufficient quantity to affect the buyer(s). It is difficult for the prosecutor to prove that someone had the specific intent to sell drugs. A person can have illegal drugs without having any plans to sell them. He or she might have planned for someone else to distribute the drug.

Under California HSC 11350, the court can reduce a drug possession charge to a possession charge if the prosecution cannot show that the defendant intended to sell the drugs.

The penalties for violating Section 11351 are different from those for violating Section 11350, and a person convicted of either section may be eligible for drug treatment depending on the circumstances of his or her conviction. If you are found guilty of possessing drugs for your consumption, you won't necessarily go to prison, but if you are found guilty of drug possession with the intention of selling them, you could.

Having a solid defense is essential if you don't want to spend time in prison. If it isn't possible to get the allegations dropped, you could still benefit from having your charges reduced; in this case, the penalties would be less severe than what you might face if you were found guilty under HSC 11351.

How To Differentiate Possession for Sale from Possession for Personal Use

As was already mentioned, both simple possession of controlled substances and possession of controlled substances for sale are serious offenses. In California, it is illegal to possess a controlled substance, and this offense is often tried as a misdemeanor. A misdemeanor in California is punishable by up to a year in jail, a monetary fine, and legal fees.

There is a three-year time limit on filing charges for felonies that carry the possibility of imprisonment. Legal proceedings should be initiated within 3 years of the alleged violation. This statute applies provided you remain within California. It is then "tolled," or paused, while you're out of state and later return.

It's important to remember that neither case requires the offender to have sold or distributed the substances in question. Prosecutors need only prove that they had an intention to distribute or sell the drugs to convict the defendants. Although it is difficult for the prosecution to show intent, some factors could help show your intent. Among these elements are:

How Much of the Controlled Substance You Have

The presence of greater quantities of any controlled substance in your physical possession than what is required for one's use suggests that you intend to distribute or sell the drugs to others.

In this instance, the court will request the testimony of expert witnesses, like a narcotics officer or another with similar qualifications. You could be convicted of possessing drugs with intent to resell if they can persuade the jury of your intent to sell.

How the Controlled Substance was Packaged

The packaging of the controlled substance could be a telltale sign that they were made to be sold or distributed. Nobody bothers to wrap the drugs except when they are planning to sell them to other users.

You can't be convicted of planning to sell simply by having a large quantity of drugs with you, but evidence of how those drugs were packaged could hurt your case. The packaging of the drugs may have resembled that of commonly sold drugs, such as bindles, baggies, bundles, or balloons.

Evidence of the Possession of Drug-Related Paraphernalia

According to California Health and Safety law, possessing drug paraphernalia is a distinct offense that can result in additional charges. This could also be used as evidence by the prosecution that the accused had every intention of using the controlled substance in his or her possession.

Drug paraphernalia in this context includes syringes, pipes, and anything else that could be utilized to administer, consume, or ingest the substance in question. Drug paraphernalia is an indisputable indication that the specified drugs were being used. If that's the case, you might not be convicted for possession with the intention of selling, but rather of possessing the substance for your use.

If, on the other hand, items such as measuring devices, scales, or similar equipment used for diluting, packaging, or separating drugs are also discovered in the accused possession, this may be utilized as proof that he or she had them for selling the drugs.

You Were Under the Influence

You might not be convicted of possession of controlled drugs with intent to sell if you are discovered to be impaired by the same drugs. In many cases, the only charge you could face would be possession for your use. The prosecutor could find it difficult to prove that you intended to sell if you were caught using the drugs.

However, this isn't always the case, especially when you take into account the fact that the vast majority of drug traffickers are also users. If the authorities think you are selling drugs, they'll have to collect a lot more evidence to back up their claim.

You will also be subject to additional penalties under HSC 11550 if you are discovered to be under the influence of dangerous substances along with the ones already mentioned.

A conviction for being under the influence of a controlled substance carries with it the possibility of incarceration. If this is not the case, the court could shift your case to a drug treatment program. However, this will only occur if you cannot be proven guilty of possessing drugs with the intent to sell.

Penalties for HSC 11351 Violation

Anyone convicted for possessing a controlled drug in California with the intent to sell risks facing harsh penalties. The penalties for these offenses include:

  • Prison sentences of two, three, or four years.
  • Probation sentence for up to a year.
  • A fine not exceeding $20,000.

When there is proof to establish that the offender planned on selling the controlled substances to several users, then the penalties levied will be related to each intended sale. This indicates that the prices may be increased, based on the alleged number of buyers. Furthermore, if the offender is a legal immigrant or alien, being convicted due to the selling of controlled drugs can result in deportation.

Some circumstances could make the consequences even more severe than those described above. These elements are known as aggravating elements. The penalties listed below could be imposed if you're convicted of purchasing or manufacturing a cocaine base to sell or distribute:

  • Three, four, or five years in prison.
  • A fine amounting to $20,000.
  • A person convicted of a crime under HSC 11351 could be subject to extra penalties, such as those listed below if the illegal substance involved is heroin, cocaine, or its base.
  • Additional three years when the amount of the controlled substance in the person's possession was greater than a kilo.
  • An additional five years when the substance weighs over four kilograms.
  • If the controlled substances weighed more than ten kilograms, another ten years will be imposed.
  • 15 more years if the substance was over twenty kilograms.
  • 20 more years if the substance was over 40 kilograms.
  • Twenty-five more years, if the substance was over 80 kilos.
  • If you're found to have committed any further violations, you will be subject to a further fine of up to eight million dollars.

When you are convicted of possession with the intention of selling and have previously been convicted of felony charges for another drug-related violation in California, you might be sentenced to a further three years in prison in addition to your original sentence. Both sentences will run concurrently, with the second being served after the first.

What are the Consequences For a First-Time Conviction For Possession of a Controlled Substance?

In California, the possession of a controlled substance is considered a misdemeanor and can result in a sentence not exceeding 364 days under HSC 11350(a). Additionally, you may be issued a probationary period during which you will probably be subject to random drug tests and searches by law enforcement.

Defenses Against Possession of Controlled Substances For Sale

It is highly recommended that you seek the assistance of a skilled criminal attorney if you wish to avoid the harsh consequences that were outlined in the previous section. A qualified defense attorney will have many tools at his or her disposal to fight for you. They include:

An Unlawful Search and Seizure

Residents of California are protected from unauthorized searches and seizures. This is why the police must have a valid search warrant before searching any private residence. If you think the search that was done on your possessions was unlawful, you could contend that any evidence that was acquired against you should not be presented before the court.

The challenge is that the majority of drug-related offenses can only be uncovered through searches and seizures, which, in most instances, is not carried out exhaustively. Discussing the search and seizure procedures with your lawyer can help you find weaknesses in the prosecution's case.

You Had No intent to sell

The intention to sell the drug in question serves as one of the fundamental elements of this offense, and the prosecutor is tasked with proving this intent to the jury. As was said before, it is extremely difficult for prosecutors to prove intent.

Your defense attorney could use this as an opportunity to argue that the substances in question were not intended for distribution. If it succeeds, you will receive a reduced charge and consequently less severe repercussions.

No Evidence of Possession

If there's no evidence to support the claim that the illegal substances were on your person, you can't be convicted for possessing a controlled substance. You may not have known that the narcotics were even there until law enforcement found them there. If your lawyer can prove this to the court, you may be found not guilty of the charges against you.

Find a Bakersfield Criminal Lawyer Near Me

Possession of a controlled substance with the intent to sell is a serious crime in California that carries severe consequences. A conviction for this offense could have serious implications on other facets of your life, such as your professional and social standing. You should thus seek out the best assistance possible to counter the charges against you.

At California Criminal Lawyer Group, we provide legal representation to make sure that the people we represent are safeguarded throughout these proceedings. If you are facing these and other drug-related charges, you can contact our Bakersfield criminal defense lawyers for legal counsel. Call us today at 661-750-8230.