Possession with Intent to Sell Charges

Trust a California Drug Crime Defense Attorneys

There are many types of drug offenses for which you can be arrested for in California. Although the state has more lax medical marijuana laws, this does not mean that they are relaxed about the prosecution of other charges. At Second Chances Law Group, we offer representation for charges involving the possession of controlled substances with the intention to sell.

When we take on a new case, we commit ourselves to early intervention, which means quickly investigating the evidence the prosecution has and disproving it. Call our firm at (626) 827-7222 today!

To prove that you are guilty of this crime, the prosecution must prove that:

• You unlawfully possessed a controlled substance;
• You knew of its presence;
• You knew of the substance’s nature or character as a controlled substance;
• When you possessed the controlled substance, you intended to sell it;
• The substance was a controlled substance listed in applicable code sections, or was an analog of a type of a controlled substance; and
• The controlled substance was in a usable amount.

What Is a Controlled Substance?

“Controlled substance” is the technical term for a variety of drugs/narcotics that are included in various schedules in the Health and Safety Code. In addition to illegal narcotics, controlled substances can also include prescribed drugs, such as codeine, Vicodin, or morphine, if they are possessed by someone without a proper prescription or used improperly.

Some common examples of controlled substances include, but are not limited to:

• Opiates
• Cocaine
• Heroin
• Mescaline
• Peyote
• Various hallucinogenic drugs

Possession for Sale vs. Simple Possession

Are you wondering why you are being charged with possession for sale, rather than simple possession? The element that distinguishes between a charge under this code section and one for simple possession is whether you allegedly possessed the controlled substance with the intent to sell it. There are many different facts that might be used to try to show that your intent was to sell the substances in your possession. For example, the amount of drug in your possession, if it was packaged for ale, and any possession of weighing instruments.