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What is Drug Possession for Sale or Purchases for Purposes of Sale? (California Penal Code 11351)

August 17, 2022

What is Drug Possession for Sale or Purchases for Purposes of Sale? (California Penal Code 11351)

What is Drug Possession for Sale or Purchases for Purposes of Sale? (California Penal Code 11351)

Under California Penal Code Section 11351, possessing drugs with the intent to sell them is illegal. This code section applies to Schedule III, IV, and V drugs.

Possession of these drugs with the intent to sell can result in significant punishment, including jail time or prison time and fines.

What Does California Penal Code Section 11351 Say?

California Penal Code Section 11351 makes it a crime to possess certain drugs with the intent to sell them. The code section applies to Schedule I, II, III, and IV drugs.

These are drugs that have a high potential for abuse and addiction and have no accepted medical use in California.

Is Possession with Intent to Sell Drugs a Misdemeanor or Felony?

Possession of drugs with intent to sell them is a felony in California. This means that if you are convicted of this crime, you could face up to three years in prison and a fine of up to $20,000.

What are Schedule III Drugs?

Schedule III drugs are drugs that have a moderate to low potential for abuse and addiction. They also have an accepted medical use in California. Some examples of Schedule III drugs listed under California Penal Code Section 11056 are:

  • Codeine
  • Morphine
  • Anabolic steroids
  • Ketamine
  • Stimulants
  • Benzphetamine
  • Chlorphentermine
  •  Clortermine
  • Mazindol
  •  Phendimetrazine
  • Depressants
  • Amobarbital
  • Secobarbital
  • Pentobarbital
  • Any salt thereof and one or more other active medicinal ingredients that are not listed in any schedule
  • Chlorhexadol
  • Lysergic acid
  •  Lysergic acid amide
  • Methyprylon
  •  Sulfondiethylmethane
  •  Sulfonethylmethane
  •  Sulfonmethane
  • Gamma hydroxybutyric acid and its salts, isomers, and salts of isomers, contained in a drug product for which an application has been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355).
  •  Nalorphine

There are other drugs also listed under this schedule. Again, it is best to consult with an attorney to see what classification of drugs you are charged with.

What are Schedule IV Drugs?

Schedule IV drugs are drugs that have a low potential for abuse and addiction. They also have an accepted medical use in California. Some examples of Schedule IV drugs are:

– Diazepam (Valium)

– Alprazolam (Xanax)

– Carisoprodol (Soma)

– Alprazolam

– Barbital

– Chloral betaine

– Chloral hydrate

– Chlordiazepoxide

– Clobazam

– Clonazepam

– Clorazepate

– Diazepam

– Estazolam

– Ethchlorvynol

– Ethinamate

– Flunitrazepam

– Flurazepam

– Halazepam

– Lorazepam

– Mebutamate

– Meprobamate

– Methohexital

– Methylphenobarbital (Mephobarbital)

– Midazolam

– Nitrazepam

– Oxazepam

– Paraldehyde

– Petrichoral

– Phenobarbital

– Prazepam

– Quazepam

– Temazepam

– Triazolam

– Zaleplon

– Zolpidem

There are other drugs also listed under this schedule. Again, it is best to consult with an attorney to see what classification of drugs you are charged with.

What are Schedule V Drugs?

Schedule V drugs are drugs that have a very low potential for abuse and addiction. They also have an accepted medical use in California. Some examples of Schedule V drugs are:

– Cough medicines with small amounts of codeine

– Antidiarrheal medicines with small amounts of narcotics

– Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams

– Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams

– Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams

– Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit

– Not more than 100 milligrams of opium per 100 milliliters or per 100 grams

– Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit

– Buprenorphine

There are other drugs also listed under this schedule. Again, it is best to consult with an attorney to see what classification of drugs you are charged with.

What is the Punishment for a Violation of this Statue?

The punishment for Drug Possession for Sale charges will depend on the type and amount of drug possessed as well as the defendant’s criminal history.

If you have been charged with possessing drugs with intent to sell in California, it is important to speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.

What are the Possible Defenses of a Drug Possession for Sale Charge?

There are a number of possible defenses to a charge of Drug Possession for Sale. Some of these include:

– The defendant did not actually possess the drugs.

– The defendant did not know that the drugs were present.

– The defendant did not intend to sell the drugs.

– The police conducted an illegal search

An experienced attorney will be able to evaluate the facts of your case to decide what the best case strategy is for you.

 

What if I Was Legally Prescribed My Medications?

If you were legally prescribed your medications, you may have a defense to a possession with intent to sell charge. The issues the District Attorney will consider are:

  • When was the prescription prescribed?
  • Is the prescription current?
  • How much of the prescription was found on or near you?
  • If the medication was found in your car, why was it in your case?

You need to contact an experienced defense attorney who can walk through your specific case issues. Do not risk hiring the wrong lawyer.

What Should I Do if I Have Been Charged with a Possession with Intent to Sell Drugs Charge?

If you or a loved one is charged with Drug Possession for Sale or other criminal charges in court, you need the criminal defense lawyers at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience.

They know the law and are not afraid to take your case to trial.

In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients.

Our ultimate goal is to provide the best results that can be achieved in your case— whether by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial.

With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.

Call (866) 811-4255 right now for your free consultation.

We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.

If you have been accused or charged with Drug Possession for Sale, you must speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.

Contact Us Today

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