Possession for Sale of a Controlled Substance
Health & Safety Code § 11351
What counts as a violation of Health & Safety Code § 11351?
Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.
What is the punishment for violating Health & Safety Code § 11351?
Any person who knowingly violates the statute may be convicted of a misdemeanor punishable by the following:
• imprisonment in the county jail for up to one year,
• a fine of up to $1,000, or
• both imprisonment and a fine.
What are the defenses to Health & Safety Code § 11351?
• You did not know that you possessed a drug
• The substance was not a “controlled substance”
• You have a legal prescription for the controlled substance
Clips of Counsel: Watch and Learn
“Daniel Vaswani, lead attorney at Virtuoso Criminal and DUI Lawyers, explains the complicated process of a DUI arrest and the importance of hiring the right lawyer.”
“Attorney Joe McPeak from Virtuoso Criminal and DUI Lawyers discusses important defense strategies for domestic violence cases.”
“Discover how speaking with an attorney just days before your court date can dramatically impact your chances of release.“
We are Available