Possession, Possession for Sale and Sales... Understanding the Differences Between these California Drug Offenses
Three of the most commonly prosecuted California drug charges include possession of drugs, possession for sale and selling drugs. Possessing drugs is a relatively straightforward offense…if you possess illegal drugs (or even prescription drugs without a valid prescription) you are guilty of this offense. If you sell drugs to another person, you violate California’s drug sales law. It’s Health and Safety Code 11351 HS California’s possession for sales law that requires the most explanation.
This is because Health and Safety Code 11351 HS California’s possession for sales law is an intent based crime…and intent can be very difficult to prove. Cops often rely on what is known as circumstantial evidence when they arrest suspects on this charge. “Circumstantial” evidence is evidence that doesn’t directly point to guilt but can be inferred from the circumstances. With respect to a possession for sales charge, this type of evidence can include the quantity of the discovered drugs, scales, paraphernalia and supplies used to “package” drugs.
However, just because a person possesses these items doesn’t mean he/she necessarily possesses drugs for sales. Paraphernalia is also indicative of personal use. Perhaps the suspect didn’t “unpackage” his/her drugs after buying them for his/her own use. Scales could also be used to help manage one’s own use of the drugs. And generally speaking, an “addict” will stock up on his/her supply to avoid having to make several smaller purchases.
Because of these issues, skilled California drug crimes defense attorneys can oftentimes negotiate plea bargains for the reduced “personal possession” charge. Not only does this offense carry lesser penalties, but it also allows a defendant to participate in drug treatment in lieu of incarceration.
