Orange County Possession for Sale of a Controlled Substance
Possessing a controlled substance for sale in California is a felony. There are two main statutes that cover this crime. The first is found in California Health and Safety Code § 11351 which covers some “street drugs”, such as cocaine, heroin, LSD and fentanyl, along with some common prescription drugs such as oxycodone (OxyContin), hydrocodone (Vicodin), and codeine. The second statute is California Health and Safety Code § 11378 which covers other drugs such as methamphetamine, steroids, ecstacy, and ketamine.
Compared to ‘simple possession’ of a controlled substance, being charged with possession of a controlled substance with the intent to sell can lead to more severe punishments for those convicted. Therefore, if you have been charged with violating HS 11351 and/or 11378, we encourage you to contact The Law Offices of Bryan R. Kazarian to defend you and help you avoid or significantly reduce the potential penalties.
Health and Safety Code 11351 and 11378
As discussed above, the relevant sections in the California Health and Safety Code for possession of a controlled substance for sale are 11351 and 11378. Read together, these sections make it illegal to possess certain substances for sale and they establish minimum prison sentences for those convicted.
Common drugs included under both HS 11351 and 11378 include, but are not limited to, the following:
- Opiates
- Heroin
- Powder or crack cocaine
- Hallucinogenic drugs, such as LSD and GHB
- Vicodin, oxycodone, or other painkillers (without a valid prescription)
- Methamphetamine
- Peyote
- Ecstasy
- Steroids
How Does a Prosecutor Prove Intent to Sell?
In order to be convicted of possession for sale of a controlled substance, the prosecutor must prove that you were in possession of the controlled substance and that you had the specific intent to sell the controlled substance. There are several indicators that prosecutors may use to prove the specific intent to sell, including:
- The quantity of controlled substance(s) found on the accused person
- The packaging of the controlled substance(s), such as baggies or bindles
- The presence of accompanying devices commonly used in drug sales, such as scales
- The amount of cash found on the accused person
- Whether the accused person has a “pay/owe” sheet or another form of documentation to keep track of sales
- Whether people can be seen entering the residence of the accused person for short periods
This list is not exhaustive and there are many other factors that prosecutors may rely on to prove the specific intent to sell. Therefore, it is important to retain an experienced drug criminal defense lawyer, such as those at The Law Offices of Bryan R. Kazarian, to help counter the prosecutor’s case against you.
How are Juveniles Charged?
If the person accused of possession for sale is under 18 years old, they will usually not face criminal court. Instead, minors under 18 years of age will be charged with a Petition of the criminal offense and face proceedings in a California juvenile court. California juvenile courts focus on rehabilitation and deterring future criminal behavior instead of punishment of the offender.
Penalty for Possession for Sale
Unlike ‘simple possession’ of a controlled substance which can be charged as a misdemeanor, possession of a controlled substance with the specific intent to sell is always charged as a felony and can lead to more serious penalties, including:
- Two to four years of imprisonment,
- Probation and up to a year in jail, or
- A fine of up to $20,000.
The severity of the penalty for possession for sale depends on the circumstances in the case, including the kind and quantity of narcotics found in possession. For instance, the penalty for possession for the sale of fentanyl has harsher penalties than heroin, cocaine, methamphetamine or ecstasy.
Aggravating Factors
If you are convicted of possession for sale of a controlled substance, you may face sentence enhancements depending on the kind and amount of narcotics found in your possession.
According to HS 11351.5 and 11372, if you are convicted of possession for sale of cocaine base (crack), you face imprisonment of two, three, or four years, and a fine of up to $20,000.
Additionally, according to HS 11370.4(a), if you are convicted of possession for sale of “hard drugs” such as cocaine (powder), cocaine base (crack), or heroin, you will receive added prison terms. The length of these added prison terms depends on the quantity of narcotics found in your possession and are as follows:
- 3 years, if the substance exceeds one kilogram by weight
- 5 years, if the substance exceeds four kilograms by weight
- 10 years, if the substance exceeds 10 kilograms by weight
- 15 years, if the substance exceeds 20 kilograms by weight
- 20 years, if the substance exceeds 40 kilograms by weight
- 25 years, if the substance exceeds 80 kilograms by weight
You will also be given added terms of up to 15 years if you are convicted under HS 11378 of possession for the sale of methamphetamine, amphetamine, or phencyclidine (PCP) under a variety of weight or volume enhancements contained in HS 11370.4(b).
Additional terms under any weight enhancements are also accompanied by hefty fines ranging from $1 to $8 million depending on the amount of narcotics found in your possession.
Defenses for Possession for Sale
Defending against a charge of possession for sale can be difficult, but an experienced California drug crimes lawyer can use several legal defenses to counter the prosecutor’s case against you. Some of the most common defenses include:
- You did not intend to sell the controlled substance and/or possessed the controlled substance for personal use only
- Insufficient or insubstantial evidence to prove the elements of possession for sale of a controlled substance
- You were unaware of or not in possession of the controlled substance
- Your rights were violated due to an illegal search and/or seizure, and the evidence collected against you should be dismissed
Contact our Orange County Defense Lawyers Today
Facing a drug charge can feel overwhelming. The Law Offices of Bryan R. Kazarian has years of experience successfully representing clients in Orange Country and across California against various drug crimes including possession for sale of a controlled substance.
Our Orange County drug crime lawyers are committed to defending our clients and building a defense strategy to get their charges dismissed or reduced, supporting them every step of the way. If you or someone you care about is charged with or under investigation for possession for sale of a controlled substance, contact our office today at 855-918-4253 or visit our website to request a consultation.
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