Possession For Sale Of A Controlled Substance [Health And Safety Code Sections 11351 And 11378]
You can be charged with Health and Safety Code Section 11351 if you purchase or possess certain types of controlled substances or drugs with the intent to sell those substances or drugs. It must be proven that (1) you purchased or possessed the controlled substance or drug, (2) you knew you purchased or possessed such controlled substances or drugs, (3) you knew of the drug’s nature to be of a controlled substance, (4) you possessed an amount of the substance enough to use or sell and (5) you either possessed or purchased the controlled substance with the intent to sell it. Some of these controlled substances include (but not limited to) cocaine, heroin, opiates, certain hallucinogenic drugs, methamphetamines and prescription drugs.
Possession does not have to only be actual possession. If you are not in actual possession of the substance, but if you have control over it, whether directly or through another person, that is called constructive possession and you may still be found guilty.
Possession for Sale is a very serious crime and is charged as a felony. It is important to hire a skilled and experienced attorney who can, depending on the facts of the case, work to get the charges amended or attack the defenses that may be available in your case and get you the best possible outcome. Contact Orange County Criminal Defense Attorney Ali Komaili if you have been charged with Possession for Sale of a Controlled Substance or any other criminal matter in Orange County.