§11351 HS – Possession With Intent To Sell of a Controlled Substance

Charged With Drug Possession With Intent To Sell in California? Call Drug Attorney Now

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 misdemeanor

Common 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 Code

Your 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.

Ready to speak with a drug crime lawyer? Contact us now at (888) 702-8845 or contact us online.

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Possession with Intent to Sell Charges Are More Serious Than Simple Possession

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.

Evidence Of Intent To Sell

In order to convict someone of possession with intent to sell California, the prosecutor must prove that you:

Knowingly had control over a controlled substance
Knew of its presence
Knew it was a drug
Intended to sell or distribute it
The substance was in a usable quantity

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:

Large amounts of cash, especially if it’s bundled
Multiple baggies or packaging materials
Scales used for weighing
Text messages, emails, or calls arranging drug sales
Logs or “pay/owe” sheets
Witness testimony from buyers or co-defendants

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.

Types of Possession

California law recognizes different ways you can be in possession of a drug:

Actual possession: The drug is physically on you, such as in your pocket or bag
Constructive possession: The drug is in a place you control—like your home, car, or storage unit
Joint possession: More than one person shares control or access to the substance

Understanding what type of possession of the drugs you’re being accused of is key to forming your defense strategies.

Enough Quantity

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.

Legal Defenses Against Intent to Sell Charges

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.

Illegal Searches and Arrests Often Undermine the Prosecution’s Case

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.

Arguing Lack of Intent Can Shift Charges from Felony to Misdemeanor

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.

Establishing That You Didn’t Know About the Drugs in Your Possession

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.

When False Accusations or Misidentification Lead to Wrongful Charges

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.

Potential Penalties

A conviction for possession with intent to sell California carries serious consequences. If convicted under California Health and Safety Code 11351, you may face:

2 to 4 years in state prison
Up to $20,000 in fines
Probation with strict conditions
A felony record that impacts employment, housing, and immigration status

The type of drug also influences sentencing. Cocaine, heroin, and cocaine base typically carry harsher consequences under HS 11351.

Aggravating Factors

Certain factors can increase your sentence, such as:

Large amounts of cash
Being caught near schools or playgrounds
Having prior felony convictions
Involvement with minors
Use of weapons during the offense

These aggravating factors can trigger sentencing enhancements, resulting in longer jail time or denial of alternative sentencing options.

Drug Diversion and Alternative Sentencing

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.

Contact My Rights Law’s Possession with Intent to Sell Lawyer Today!

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:

Free, no-obligation consultations
Flexible payment plans tailored to your situation
Personal representation from seasoned criminal defense lawyers
Support navigating complex laws and high-pressure investigations

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.