Possession for Sale
Health & Safety Code section 11378 makes it unlawful to possess methamphetamine, GHB, PCP, ecstasy, ketamine, and anabolic steroids for sale. The most common of these drugs in Southern California is methamphetamine. Unlike simple possession of methamphetamine, possession for sale of methamphetamine is an irreducible felony and carries with it 16 months, two years, or three years in state prison. Simple possession, on the other hand, will generally be charged as a misdemeanor under current California law.
Possession for sale under Health & Safety Code section 11378 is generally charged in cases where there is a larger amount of the controlled substance than that typically seen for personal use. It is also charged in cases where there is additional evidence of sales, such as scales, pay-owe sheets, packaging materials, text messages indicating sales, etc…In order to find someone guilty of possession for sale of one of these controlled substances, prosecutors must prove that the individual possessed the substance, the individual knew of the presence of the controlled substance and that it was in fact a controlled substance, the individual had a useable quantity of the substance, and that individual possessed it with the specific intent to sell the controlled substance.
Health & Safety Code section 11351 makes it unlawful to possess cocaine, heroin, and LSD for sale. It also covers prescription drugs such as oxycodone (Oxycontine), hydrocodone (Vicodin), and codeine. This crime is also an irreducible felony and carries with it two, three or four years in state prison, as well as up to a $20,000 fine.
In order to prove possession, prosecutors may argue that you either actually possessed the methamphetamine, cocaine or other controlled substance, that you constructively possessed the substance or that you jointly possessed the substance. Actual possession means that you had the controlled substance on your person, i.e. that you physically possessed the methamphetamine. Constructive possession, on the other hand, means that you exercised control over the substance. And finally, joint possession, as the name indicates, means that you shared actual or constructive possession over the controlled substance with another individual or individuals. Joint possession is commonly seen in cases where a group of individuals are stopped in a vehicle and methamphetamine is located. In this case, everyone in the vehicle may be charged with either possession or possession for sale of the methamphetamine, regardless of who is actually the registered owner of driver of the vehicle.
An experienced possession for sale attorney, will be able to look at your case and determine whether there is a defense to your possession for sale charge, Many times, prosecutors will file this charge if there is only a larger quantity of the drug located, without sufficient evidence of the specific intent to sell. In those cases, a skilled defense attorney will be able to argue that the case is overcharged and get the case reduced to a simple possession misdemeanor. If you or a loved one is charged with the crime of possession for sale under Health & Safety Code section 11378 or 11351, contact an experience Temecula drug attorney today at The Law Offices of Parwana Anwar, PLC.