Possession for Sale

Usually, law enforcement will only charge you with drug possession if they find drugs on your person or in your control. However, they may instead choose to file charges for possession for sale of a controlled substance if there is enough “indica of sale” present. Essentially, if there is a large quantity of drugs available and evidence you were about to distribute/sell said drugs, then you could be charged with possession for sale.

In an effort to stop drug dealing, the state of California has implemented harsh penalties if you’re convicted of possession with intent to sell. You could be facing 2, 3, or 4 years in a county jail and be expected to pay a maximum $20,000 fine. For these reasons and more, we highly encourage you to seek legal counsel if you’ve been arrested for possession with intent.

Drug Defense Lawyer for Possession with Intent to Sell in Ventura, CA

Selling drugs is illegal, but did you know you could even be charged by just preparing to sell drugs? This is referred to as possession for sale or possession with intent under California law and the crime carries serious penalties. If you’ve found yourself facing charged for possession with intent, we urge you to get in contact with legal counsel experienced in these types of matters.

You can find that type of legal representation with Jay Leiderman of Jay Leiderman Law. Drug defense attorney Leiderman has decades of experience he can draw back on and has faced every obstacle imaginable in a drug case. He understands what defenses are effective and how to implement them. To set up your first consultation with attorney Leiderman, call (805) 654-0200. Jay Leiderman Law accepts clients throughout the greater Ventura County and Santa Barbara County area.

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What is Considered Intent to Sell in California?

Alongside drug possession and sale, it’s illegal to possess a controlled substance with the intent to sell or distribute. The crime is defined under California’s Health and Safety Code 1135. The statute states the prosecutor must prove the following elements to convict a person with possession for sale of a controlled substance.

  • You possessed or purchased the controlled substance
  • You were aware that you were purchasing or possessing the drugs
  • You knew the nature of the substance
  • You possessed enough of the drug to use or sell
  • And the defendant either:
    • Possessed the drug with the intent to sell it
    • Purchased the controlled substance with the intent to sell it for a profit

Individuals can be charged with actual or constructive possession. Actual possession is when the drug is on your person. Constructive possession is when the defendant has access to the substances or has the right to control the substances despite the fact it isn’t in their physical possession. For example, if a person hid their drugs in a rented locker in their name, then they could be charged with constructive possession with intent.


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What Qualifies as Intent to Distribute?

Proving the “intent” part for a charge of possession for sale can be difficult for the prosecution. So, law enforcement will go to great lengths to discover evidence to support the claim the drugs were possessed with the intent to sell or distribute. They will do this by seizing circumstantial evidence that indicates there is a “indica of sale” present.

Indica of sale under California law includes:

  • Scales
  • Large quantities of the controlled substance
  • Packaging for the substance such as plastic baggies
  • People coming in and out of your home or another establishment very quickly
  • Lots of cash around, especially if it’s in smaller bills
  • Prescreen or absence of drug paraphernalia
  • The defendant is under the influence at the time of arrest

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Possession with Intent to Sell Jail Time

Possession for sale of a controlled substance is a felony under California law. The penalties for possession for sale can be found under the Health and Safety Code 11351. The statute states if convicted, the defendant will face a maximum of:

  • Up to one year in jail; or
  • 2, 3, or 4 years in jail; and/or
  • A fine of up to $20,000

Possessing or purchasing cocaine base for sale, the defendant could face:

  • Up to 3, 4, or 5 years in jail; and
  • A fine of up to $20,000

If the substance was heroin, cocaine, or a cocaine base, you may face an extended sentence of:

  • 3 years if the substance exceeded by 1 kilogram in weight
  • 5 years if the substance exceeds 4 kilograms
  • 10 years if the amount exceeds 10 kilograms
  • 15 years if more than 20 kilograms of the drug is found
  • 20 years if the amount found was more than 40 kilograms
  • 25 years if law enforcement find more than 80 kilograms of a substance

In addition to the penalties above, you’ll also face a fine of up to $80,000. The defendant may also face an additional and consecutive three-year term for each prior felony conviction if they’ve been convicted for possessing/purchasing a controlled substance for sale and have at least one prior felony conviction for another drug crime not related to personal use.


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Additional Resources

California Drug Laws – Visit the official website for the California Legislation to learn more about their laws regarding drugs under the Health and Safety Code. Access the site to read more about which drugs are prohibited under California law, the penalties for possessing or selling them, and other comparable offenses.

Marijuana Laws in California – Visit the official website for NORML, an organization dedicated to the National Reform of National Marijuana Legislation. Access the site to learn more about recreational marijuana laws, medical cannabis laws, and penalties for violating those rules.


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Possession with Intent Defense Attorney in Ventura, California

If you or someone you know has been charged with possession with intent to sell or distribute, call Jay Leiderman Law. Jay Leiderman of Jay Leiderman Law has been defending Californians from drug allegations for years. He can do the same for use by utilizing his prior knowledge, skills, and resources. Set up your first consultation today and call Jay Leiderman Law at (805) 654-0200.

Call Jay Leiderman Law today at (805) 654-0200 to set up your first consultation free.  Jay Leiderman Law accepts clients throughout Ventura County and Santa Barbara County including Ventura, Santa Barbara, Montecito, Solvang, Santa Maria, Moorpark, Santa Paula, El Rio, Oak View. Lompoc, Summerland, Oxnard, Simi Valley, Fillmore, Carpinteria, Isla Vista, Buellton, Oak Park, and Thousand Oaks.