In California, it is against the law to possess controlled substances, as defined by the U.S. government, as well as certain prescription drugs without a prescription. It is also a felony under California law to possess these same drugs with the intent to sell them. In most cases, the distinction between simple possession and possession with intent relies on what is known as “indicia of sale.”
So, what exactly are indicia of sale? They are anything that may lead law enforcement to believe that the drugs that you have in your possession aren’t just for personal use. For example, if you have scales, that may be an indication that you are weighing drugs to sell them — and that they are not for your personal use. Similarly, if the drugs in your possession are packaged in separate baggies or bindles, that may be an indica of sale. Having a lot of cash, particularly if it is in small denominations, can also be an indication that you are selling. Similarly, if you have a large quantity of a controlled substance, most law enforcement officers will not believe that it is for personal use. Finally, if neighbors report or the police observe many people coming to your house and staying for just a few minutes, then that may indicate that you are selling drugs.
According to a drug defense lawyer San Bernardino, CA, to convict a person of possession of a controlled substance for sale, he or she must demonstrate that the individual
- Possessed or purchased the drug,
- Knew that they did so,
- Knew of the drug’s nature as a controlled substance,
- Possessed enough of the drug to use or sell, and
- That they either
- Possessed the drug with the intent to sell it, or
- Purchased the drugs with the intent to resell them.
In California, controlled substances include opiates and opiate derivatives, cocaine, heroin, GHB, and certain prescription drugs (illegal if an individual does not have a prescription), such as codeine and hydrocodone.
Perhaps the most important factor in a possession for sale charge is whether you have the intent to sell the controlled substance. As described above, intent is largely determined by indicia of sale. The quantity of the controlled substance, how it is packaged, whether any drug paraphernalia is present, and whether you are under the influence when arrested are all factors that may be used to determine intent. If a prosecutor cannot prove intent to sell, then you can still be charged with possession of a controlled substance.
Possession for sale is a felony offense. It is punishable by either probation and up to a year in county jail, or 2 to 4 years in county jail, and/or a fine of up to $20,000. If the prosecution can prove that you engaged in multiple sales of controlled substances, you could be charged with multiple offenses — and these penalties could be imposed for each conviction.
If you have been charged with possession for sale or a related crime, you will need a skilled drug defense lawyer San Bernardino, CA, to represent you. At the Chambers Law Firm, we are dedicated to providing a strong defense to each of our clients. Contact us today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you, or to schedule a free initial consultation.
