It is stated a crime to willfully possess some illegal controlled substances with the intention to sale or distribute narcotics. The USA’s government “Controlled Substances Act” states the full list of controlled substances. The possession of “precursor” that can be used while cultivating and manufacturing drugs is criminalized as well. The “possession” can be “actual”, “joint” and “constructive”. Actual possession means that the controlled substances are under direct and immediate control. Meanwhile, in case of joint possession, the item can be entrusted or shared with another person. During constructive possession the person executes control over a location where the controlled substances are placed (direct or indirect).
The most difficult issue is to differ the drug possession for sale from “simple” drug possession for personal use. Typically, there are some facts which can help prosecutor to convince the court that the defendant possessed the drugs with the intent to sale or distribute them. For example, the prosecution can bring the evidence of the quantity of the controlled substances or the defendant was under the influence during the arrest and so on.
To prove that the defendant is guilty of this crime, the Prosecutor must prove that:
1. The defendant exercised control over or the right to control or purchased from another the controlled substance
2. The defendant knew of its presence
3. The defendant knew of its nature as a controlled substance
4. The substance was in an amount sufficient to be used for sale or consumption as a controlled substance and
5. The defendant possessed or purchased the controlled substance with the specific intent to sell the same.
If a person is convicted of drug possession for sale as a felony, he may face sentencing up to a year county jail, or by two, three or four years in the California state prison and a maximum $20,000 fine.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of California Drug Possession for Sale, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000
*You can find additional information about Penalties for Drug Possession for Sale in the Drug Possession Penalties section.