Potential Consecuences for Drug Possession for Sale

California Health and Safety Code §11351 establishes a sentencing range for those found in the possession of controlled substances, with the intent to sell. Controlled substances are outlines under the same section and include:

• Cocaine
• Heroin
• Opiates and Opiate Derivatives
• Certain Hallucinogenic Substances

Those that are found in the possession of marijuana for the intent to sell are not charged under this section. The section that establishes a sentencing range for possession of marijuana for sale is California Health and Safety Code §11359.

Drug possession for sale charges in California are charged as felonies and face a wide range of sentencing options. A person who is found guilty may face up to a year in county jail, or 2 to 4 years in State prison, as well as a fine up to $20,000 and probation. Where the sentence falls will be determined by the person’s criminal background and the specific facts of the case, especially aggravating circumstances.

Aggravating circumstances are facts of a case that aggravate or enhance the overall severity of the charges, causing Prosecution to consider a harsher penalty. These involve the type of drug found in possession, the amount of the drug and criminal background.

If a person is found in possession of certain cocaine based drugs, cocaine or heroin, the sentencing range will increase based on the amount found in possession. For example, if a person is found with more than one kilogram, the sentence will increase by 3 years and up to $8,000 in fines. Similarly, if a person has been previously convicted with a drug charge more than mere possession, they will face an additional sentence of 3 years in prison.

There is a lot of speculation and subjective facts involved in proving a case for Possession for sale. Oftentimes, prosecution is unable to present a strong case, and/or an experienced Los Angeles Drug Possession attorney is able to weaken government’s argument and present the facts most favorable to their client. In these cases, the charge is reduced from a Possession for Sale to a Drug Possession case. If a person is charged with Drug Possession, they have the option of enrolling in a Drug Diversion Program. A drug diversion program mandates that a person attend drug education and rehabilitation classes. Once the classes are completed to the court’s satisfaction, the Judge will dismiss the charges.