Ventura Attorney for Intent to Sell Charges

The possession of a controlled substance with the intent to sell it is a felony under California Health and Safety Code 11351 HS.

This law not only applies to street drugs like cocaine, heroin and LSD, but also to prescription opioids including oxycodone and codeine.

The California criminal justice system takes felony drug crimes seriously, and an 11351 HS conviction typically results in hefty fines and jail time. Additionally, because possession with intent to sell is considered much more serious than a simple possession charge, if you’re convicted under 11351 HS, you will not be eligible to complete one of California’s drug diversion programs in lieu of jail time.

If you’re facing charges of possession of a controlled substance with the intent to sell, it’s important that you seek assistance from an experienced drug crimes defense attorney as soon as possible.

Call Today – 805-273-5611

Possession of a Controlled Substance with the Intent to Sell – California Health and Safety Code 11351 HS

Under California Health and Safety Code 11351 HS, the possession of both illegal narcotics and prescription drugs with the intent to sell or distribute them is a felony offense. 11351 HS is legally defined by five elements, all of which a prosecutor must prove in order to make a conviction. Those elements are:

You were in possession of a controlled substance,
You knew that you were in possession of the drug,
You knew that the drug you were in possession of was a controlled substance,
You were in possession of enough of the drug that you could sell it, and
You either purchased or possessed the drug with the intent to sell or resell it.

To put it more simply, in order to be convicted of possession with intent to sell, you need to:

Knowingly be in possession of illegal or prescription drugs,
Be in possession of a higher quantity of them than would indicate they were only for personal use, and
Demonstrate that you had intent to sell or distribute them.

Below is some more detailed information about different aspects of 11351 HS.

Possession

According to California law, having “possession” of a substance essentially means that you had control of it.

For example, if you had drugs in your pocket or backpack, you would have control of them and they would, therefore, be in your possession. There are instances, however, when a substance does not need to be on your physical person for you to have possession of them.

For example, if you have drugs in your car or in a storage shed that you share with your roommate, the fact that you have control of them due to them being stored in places that belong to you, would legally constitute possession. There are three different types of possession under California law.

Those types are:

Actual possession – Holding or carrying a controlled substance on your person (ex. having them in your pocket, backpack, or purse);
Constructive possession – Having access to and control over drugs (ex. storing drugs in your car, closet, or desk drawer); and
Joint possession – Sharing control over drugs with at least one other person (ex. Keeping drugs in a room that you share with your spouse or roommate).

Quantity

In order to be found guilty of possession with intent to sell, the quantity of the drug in question must be enough that it could be sold or distributed and used by the person who purchases it.

Drug residue or trace amounts of a controlled substance in a person’s possession are not enough to support a 11351 HS conviction.

Intent to Sell

The intent to sell is the main thing that differentiates 11351 HS from the less serious offense of personal possession, Health and Safety Code 11350 HS.

Intent to sell doesn’t require the person in possession of the drugs to be the same person who was going to sell them, so long as there is evidence of intent for them to be sold. Aside from a confession or witness testimony, there are several ways that law enforcement can deduce intent to sell.

The most common ways are:

Quantity of drugs in possession – If police find you in possession of a higher quantity of drugs than would reasonably be consumed for personal use, then they might assume that you intend to sell them. However, there are circumstances in which a person might ‘stock up’ on a substance for their own use. Laws restricting the amount of legal controlled substances, such as prescription narcotics, that a person can be in possession of at any one time, aim to help mitigate this issue.
Possession of drug paraphernalia – Possessing drug paraphernalia in addition to a controlled substance could help or hurt your case, depending on the nature of the paraphernalia. For example, items like pipes or syringes may point more toward personal use, whereas the possessing of things like scales, packaging, measuring instruments, or large amounts of cash can point to an intent to sell. Possession of drug paraphernalia is a separate offense under Health and Safety Code 11364 HS.
Packaging of controlled substances – The packaging of drugs into bundles, balloons, baggies, or other ways that are common in a scenario where drugs are being sold or distributed can serve as evidence of an intent to sell.
Under the influence – If you are under the influence of drugs at the time of your arrest, it doesn’t necessarily indicate that you have intent to sell a substance in your possession. In fact, it may actually serve as evidence that the drugs were for your personal use (in spite of the fact that many people who sell drugs also consume them). Regardless, being under the influence of drugs is a misdemeanor under Health and Safety Code 11550 HS and could be added to your charges.

Penalties for possession with intent to sell

California Health and Safety Code 11351 HS, Possession of a controlled substance with the intent to sell it, is a felony offense. The type of drugs in question, the defendant’s criminal record, and aggravating circumstances can all influence the severity of the penalties.

In most cases, the penalties for violating this statute are:

Probation with up to one year in jail or 2, 3, or 4 years in jail, and/or
Fines up to $20,000

If the drugs in your possession were heroin or cocaine or if you have prior convictions, penalties include:

3 to 30 years in California state prison and
$20,000 to $8,000,000 in fines

Aggravating circumstances such as possessing or purchasing heroin or cocaine base for sale may result in increased fines and additional jail time.

Drug diversion

California’ drug diversion programs allow for some offenders, convicted of certain drug offenses, to attend state-sponsored programs as an alternative to jail time.

Defendants who have been charged with possession with intent to sell are not eligible for drug diversion. However, with the help of a California criminal defense attorney, you may be able to have your charges reduced, making a diversion program a potential option.

There are a number of California drug crimes related to possession with intent to sell. In addition to 11350 HS, simple drug possession, and 11364 HS, possession of drug paraphernalia, that were mentioned above, some of the most closely related crimes include:

Sale or transportation of a controlled substance – HS 11352
Selling fake drugs – HS 11355
Sale of synthetic cannabis – HS 11357.5
Possession for sale of marijuana – HS 11359
Sale or transportation of marijuana – HS 11360
Operation of a drug house – HS 11366
Possession of drugs while armed – HS 11370.1
Possession of drug money – HS 11370.6
Sale of synthetic stimulants – HS 11375.5
Simple possession of methamphetamines – HS 11377
Possession for sale of methamphetamines – HS 11378
Sale or transportation of methamphetamines – HS 11379
Manufacture of a controlled substance – HS 11379.6
Manufacture of imitation controlled substances – HS 109575

Legal defenses against intent to sell charges

If you’re facing charges of possession of controlled substance with intent to sell it, there are legal defense options available to you. Below are some of the most effective defense strategies used in 11351 HS cases:

No intent to sell – Having drugs in your possession does not necessarily mean that you intend to sell them. If you can provide evidence that the drugs were only for personal use, you may be able to have your charges reduced. While admitting to the crime of drug possession may not seem like a great option, it is a lesser charge with significantly lighter penalties, including the possibility of drug diversion instead of serving jail time. If there is overwhelming evidence that you were in possession of drugs but not your intent to sell them, this strategy may be your best option.

No knowledge of drugs – If you can find evidence to demonstrate that you were unaware that you were in possession of drugs, you may not be found guilty of a drug possession offense. For example, if your roommate was keeping drugs in the house that you share, but you were unaware of it, this defense may prevent you from facing penalties.

No possession of drugs – If you and your attorney can show that you didn’t possess the drugs at all, then you may be able to have your charges dropped entirely.

False accusation – False accusations are all too common in situations where someone is seeking revenge or looking to blame someone else for their misconduct. If someone has lied about drugs being in your possession, providing evidence that damages their credibility or proves your lack of guilt may lead to a dismissal of your charges.

Police misconduct – If evidence against you was obtained illegally or if you were improperly detained or coerced into a confession, you may be able to fight your charges by demonstrating that law enforcement violated California’s search and seizure laws.

California drug crimes defense attorney

California defense attorney Robert M. Helfend has more than 40 years of experience defending clients in all types of drug cases, from simple misdemeanors to the most serious felony charges. If you’ve been charged with possession with intent to sell, you could be facing steep fines as well as jail time. You need an attorney who will take your case seriously and fight tirelessly to find you the best possible outcome in your case. Call today to set up a free consultation and start fighting your charges – 805-273-5611.

Published January 28, 2025.