HS 11351- Possession or Purchase for Sale

California Health and Safety Code 11351 HS makes it a felony to possess certain ‘specified’ controlled substances for sale.  Some of the controlled substances include illegal drugs, such as cocaine, heroin and LSD.  HS 11351 also covers common prescription drugs like oxycodone (Oxycontin), hydrocodone (Vicodin) and codeine to name a few.
How does a prosecutor prove intent to sell?
Prosecutors often charge ‘possession for sale’ when a person has drugs or a controlled substance and there are “indicia of sale” present. Indicia of sale can include:

  • Large quantities of the narcotic or controlled substance that is too large for mere consumption;
  • Packaging of the drugs in separate baggies or bindles, or other denominations that indicate that they were meant to be sold;
  • Scales and other measuring devices and or instruments;
  • Large amounts of cash, especially in small denominations;
  • Evidence of movement of many different people coming to your place and staying only a few minutes in duration or shorter;

California has very strict penalties for possession for sale
Penalties, Punishment, and Sentencing
If convicted of violating California Health and Safety Code 11351 HS you face two, three or four years in county jail and/or a maximum $20,000 fine.
Alternatively, a highly experienced and skilled attorney from Fiumara & Milligan Law, PC could get you probation and up to a year in county jail or better.  Under the recent Realignment legislation and the California Fair Sentencing Act our attorneys will use every tool to obtain the best result for our criminal defense clients.
Unlike simple possession, however, a conviction under HS 11351 makes you ineligible for drug diversion (treatment instead of jail time).  Therefore the goal is to get the prosecutor to understand that the quantity that you were found in possession of was for YOUR own personal use and addiction.
Defenses against HS 11351
The best defense under Health and Safety Code 11351 HS depends on the facts of your case. Common defenses, however, often include: 

  • You didn’t possess a controlled substance—We have had our labs discover that the substance that was thought to be cocaine was merely horse vitamins!
  • The drugs weren’t yours
  • The drugs were for personal use only
  • You didn’t know the narcotics were located in the place they were found
  • The drugs were found during an illegal search and/or seizure
  • The police falsified evidence or you were framed by someone else

When you are facing substantial jail time, you ought to consider:
Always a Free Consultation:
Please feel free to call Fiumara & Milligan Law, PC 24/7 at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential consultation to keep you out of jail.  If you call after hours, our operators will gladly connect you to one of our experienced and compassionate attorneys 24/7. 
“The Right Attorney Makes All the Difference.”

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