California Health & Safety Code 11351 – Possession for Sale of a Controlled Substance

Overview

California Health & Safety Code 11351 HS makes it a felony to possess controlled substances with the intent to sell them. Unlike simple possession (HS 11350), this charge implies commercial activity—and prosecutors often file it based on circumstantial evidence like packaging, scales, or cash.

If you’re charged with possession for sale, you need a firm that understands the science, the law, and the courtroom. At Jones Trial Attorneys, we fight back with expert analysis and trial-ready strategy to challenge these serious allegations.

Legal Definition

Health & Safety Code § 11351 states:

“Every person who possesses for sale or purchases for the purpose of sale any controlled substance… shall be punished by imprisonment.”

This applies to substances listed in Schedules I–IV, including:

• Cocaine

• Heroin

• Oxycodone

• Xanax

• Methadone

• Fentanyl

(Note: Marijuana is now covered under separate statutes)

Elements of the Crime

To convict someone of HS 11351, the prosecution must prove:

1. You possessed a controlled substance;

2. You knew it was a controlled substance;

3. You intended to sell it;

4. The substance was in a usable amount.

Intent to sell can be inferred based on:

• Quantity

• Packaging (e.g., baggies or bindles)

• Presence of cash, pay/owe sheets, or scales

• Lack of paraphernalia for personal use

Penalties for Possession for Sale

HS 11351 is a straight felony (not a wobbler):

• 2, 3, or 4 years in county jail (or prison for certain drugs)

• Up to $20,000 in fines

• Formal probation may be available in some cases

• For heroin or cocaine: enhanced penalties if large quantities are involved

Sentence enhancements apply for:

• Prior convictions

• Drug sales near schools or minors

• Possession of large amounts (over 1 kg)

Defenses to HS 11351 Charges

We routinely defend these cases with strategic attacks on both the facts and the law. Common defenses include:

• No intent to sell – The drugs were for personal use (may reduce charge to HS 11350)

• Illegal search or seizure – Fourth Amendment violations often lead to suppression

• Lack of knowledge – You didn’t know the drugs were present or didn’t know what they were

• Entrapment – Law enforcement improperly induced the sale or possession

• Insufficient quantity – No usable or saleable amount of the substance

We also push for pretrial diversion or Prop 36 treatment alternatives when appropriate.

Immigration and Employment Consequences

Drug sales convictions carry devastating immigration consequences, including:

• Deportation and inadmissibility

• Denial of DACA, green card, or citizenship

• Lifetime bars on reentry

They also result in:

• Revoked state licenses

• Ineligibility for government work or financial roles

We pursue outcomes that avoid immigration triggers and long-term record damage.

Related Offenses

• HS 11350 – Simple Possession

Lesser charge for personal use only

• HS 11352 – Transportation / Sale of Drugs

Charged when drugs are moved or delivered

• HS 11364 – Possession of Drug Paraphernalia

Often charged alongside 11351

How Jones Trial Attorneys Can Help

We know what works—and what doesn’t—when fighting drug sales charges in San Diego courts. We use toxicologists, search experts, and evidence suppression motions to dismantle weak cases and create leverage in plea negotiations or trial.

💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience

Talk to a Drug Crimes Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.