Under California Health and Safety Code §11351, you may be arrested for possession with intent to sell, potentially leading to a serious offense. Having certain controlled substances in your possession with the intent to sell or distribute them is considered a felony under California law, meaning you may face harsh punishments. As of 2025, the law separates simple possession (usually with the intent of personal use) and the one with intent to sell (11351 HS). The latter ones are prosecuted much more severely because the state believes they are involved in drug sales or trafficking, making their offenses closer to felony than to misdemeanorCommon narcotics like cocaine, heroin, oxycodone, hydrocodone, and other prescription drugs are among the substances implicated in these allegations. The prosecution will vigorously seek charges when law enforcement suspects that narcotics possession with intent to distribute is involved.The code section states the following:11351 HS: Unless otherwise stated within this division, any individual who possesses or purchases certain controlled substances with the intent to sell them may face imprisonment. This applies to substances listed under subdivisions (b), (c), or (e) of Section 11054; paragraphs (14), (15), or (20) of subdivision (d) of Section 11054; subdivisions (b) or (c) of Section 11055; or subdivision (h) of Section 11056. It also applies to any narcotic drug classified under Schedules III, IV, or V. A conviction under this law may result in imprisonment for two, three, or four years, as outlined in Section 1170(h) of the Penal CodeYour future, job, and freedom are all at stake if you are under investigation or have already been charged with possession under HS 11351. Our skilled drug crimes lawyers at My Rights Law are here to defend your rights and strive for the best result.
The proof of purpose distinguishes drug possession from possession for sale. The authorities may nonetheless bring charges against you based on circumstantial evidence, even if you have never sold any drugs. The risks are far higher after they do: harsher punishments, more jail time, and a felony conviction that can follow you for the rest of your life.
In order to convict someone of possession with intent to sell California, the prosecutor must prove that you:
This legal definition is based on five elements, and if even one cannot be proven, the case may not hold up in court.Indicators the prosecution may use as evidence of intent include:
The presence of these items often shifts a case from personal possession to possession with intent to distribute in California. At My Rights Law, we challenge these assumptions and work to dismantle the state’s version of the story.
California law recognizes different ways you can be in possession of a drug:
Understanding what type of possession of the drugs you're being accused of is key to forming your defense strategies.
To be charged under 11351 HS, the amount of the substance must be more than trace. There must be enough that someone could reasonably use it after purchasing. Residue or unusable amounts often fall under simple possession, not substance with intent to sell.
Not all charges of drug possession with intent to sell are warranted. Actually, a lot of them are predicated on conjecture or an excessive dependence on circumstantial evidence. Depending on the particulars of your case, our company applies a variety of defenses and has vast expertise defending individuals falsely charged of possession for sales.
The prosecution's case is frequently undermined by unlawful searches and arrests.The evidence gathered during a stop, search, or arrest may not be admissible if your rights were infringed. The Fourth Amendment requires law enforcement to adhere to certain procedures. Any drugs or materials discovered could be dismissed from court if they lacked a proper warrant or probable cause.
People are occasionally caught in possession of drugs they meant to use for personal use rather than for sale. We can contend that, in accordance with California law, there was no intent to sell. Your outcome may drastically change if the charge is dropped to misdemeanor drug possession; you might possibly be eligible for drug diversion.
We frequently contend in constructive possession instances that the defendant was unaware of the drugs or lacked control over them. Something being discovered close to you doesn't necessarily mean it belonged to you or that you knew about it.
Due to misidentification, erroneous assumptions, or being in the wrong place at the wrong time, you may be facing drug-related charges. We look into every possibility in order to uncover faulty witnesses or false evidence.
A conviction for possession with intent to sell California carries serious consequences. If convicted under California Health and Safety Code 11351, you may face:
The type of drug also influences sentencing. Cocaine, heroin, and cocaine base typically carry harsher consequences under HS 11351.
Certain factors can increase your sentence, such as:
These aggravating factors can trigger sentencing enhancements, resulting in longer jail time or denial of alternative sentencing options.
Although HS 11351 is generally ineligible for drug diversion like PC 1000 or Proposition 36, in some cases we may be able to negotiate a plea to a lesser charge that does qualify—such as safety code 11350 HS or safety code 11550 HS.Our team explores every possible outcome to reduce or avoid incarceration, especially for first-time offenders or clients with underlying addiction issues.
The moment you are accused of possession of a controlled substance with intent to sell, the system starts working against you. The state may try to pressure you into accepting a deal or may overcharge you in hopes of securing a conviction. But you have options—and rights.At My Rights Law, we don’t treat your case like a number. We look closely at every piece of evidence, every officer statement, every legal misstep. With our aggressive, strategic approach, we’ve helped countless clients avoid felony convictions, reduced charges, and even complete dismissals.When you hire a possession with intent to sell lawyer, you want someone who knows the law inside and out—someone who’s handled high-stakes drug possession with intent cases and delivered real results.We offer:
If you’ve been charged with possession under 11351 HS, now is the time to act. Don’t wait until it’s too late.???? Contact My Rights Law today to speak with a trusted lawyer for intent to sell charges—and take the first step toward protecting your freedom.
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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