Practice area – Possession for Sale
Charged with drug possession for sale in Riverside County?
HS 11351 and HS 11378 – possession for sale is a felony with significant state prison exposure. But the line between simple possession and possession for sale is often disputable.
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What you’re facing
Possession for sale of a controlled substance is a felony under California law. HS 11351 (narcotics like heroin, cocaine): 2, 3, or 4 years state prison. HS 11378 (methamphetamine, MDMA, other stimulants): 16 months, 2, or 3 years. HS 11359 (marijuana for sale): wobbler. School-zone enhancements (HS 11353.1) add 3-5 years. Quantity-based enhancements under HS 11370.4 can add up to 25 years for very large quantities. A felony conviction also triggers immigration consequences and federal firearm prohibitions.
Defenses I build
The ‘for sale’ element is the key battleground. The prosecution uses indicia of sales – quantity, packaging, scales, pay-and-owe ledgers, multiple baggies, large cash amounts, text messages about transactions. I challenge each indicium. I dispute the inference of intent to sell when the quantity is consistent with personal use. I file suppression motions on searches that produced the alleged contraband – traffic stops, warrant validity, plain view doctrine. Reducing possession-for-sale to simple possession drops felony exposure dramatically and often makes the client eligible for diversion.
Possession for Sale Case Results
Charged With
Numerous Drug Sales & Transportation Charges
Outcome
Reduced to Misdemeanor Possession
Drug – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
Placeholder
Drug – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
Drug – Riverside Co.
Charged With
Case result available on consultation
Outcome
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Drug – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
Drug – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
Drug – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
Drug – Riverside Co.
Common Questions
What is the difference between simple possession and possession for sale?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
What indicia of sales does the prosecution use?
The classic ‘sales evidence’ includes: quantity exceeding personal-use thresholds, packaging in multiple separate baggies, scales or other measuring tools, pay-and-owe ledgers, large cash amounts especially in small denominations, text messages or call records suggesting transactions, lack of paraphernalia consistent with personal use. Each of these is challengeable – heavy users carry large amounts, scales have non-sales uses, cash can come from legitimate sources, and so on.
Can possession for sale be reduced to simple possession?
Yes – and it is one of the most impactful outcomes in drug cases. Reduction from felony possession-for-sale to misdemeanor simple possession changes the case fundamentally: from state prison exposure to county jail or diversion, from federal firearm prohibition to gun rights preserved (in many cases), from immigration deportability to less severe consequences. My recent results include reducing numerous drug sales and transportation charges to misdemeanor possession.
Types of Possession-for-Sale Charges
California has multiple possession-for-sale statutes covering different substances:
HS 11351 (Narcotics for Sale)
Heroin, cocaine, opioids. 2, 3, or 4 years state prison.
HS 11378 (Stimulants for Sale)
Methamphetamine, MDMA, similar substances. 16 months, 2, or 3 years.
HS 11359 (Marijuana for Sale)
Wobbler. Up to 3 years felony.
HS 11366 (Maintaining a Place for Sales)
Owning/operating a space for drug sales. Wobbler.
HS 11366.5 (Renting Space for Drug Activity)
Property owner liability. Wobbler.
HS 11370.4 (Quantity Enhancements)
Adds 3 years (1+ kg), up to 25 years (80+ kg).
School Zone Enhancements
HS 11353.1 adds 3-5 years for sales within 1000 feet of schools.
Challenging the For-Sale Element
The prosecution relies on inference to prove intent to sell. Defense focuses on disrupting that inference:
- Quantity alone is rarely conclusive – heavy users carry larger amounts
- Packaging arguments can be challenged (multiple baggies can also reflect personal use organization)
- Cash explanations can come from legitimate sources (cash-heavy businesses, recent withdrawals)
- Scales and lab equipment can have non-sales explanations
- Pay-and-owe lists can be challenged for handwriting attribution and meaning
Reducing possession-for-sale to simple possession changes the entire trajectory of a drug case. From state prison exposure to diversion eligibility. Often, the difference.