Benzodiazepine Possession for SaleCalifornia Health & Safety Code § 11375
Free Consultation.What counts as a violation of Health & Safety Code § 11375?
Health & Safety Code § 11375 makes it a crime to possess for sale, or to sell, any substance specified in Health & Safety Code § 11375(c). Specifically, this statute makes it a crime to knowingly possess Xanax with intent to sell.
This statute does not apply to a person who possesses any controlled substance upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in California.
The statute applies to any material, compound, mixture, or preparation containing any of the following substances
What is the punishment for a violation of Health & Safety Code § 11375?
A conviction for under Health & Safety Code § 11375 may be punished as an infraction or a misdemeanor punishable by imprisonment for of up to one year in county jail or state prison.
What are defenses to Health & Safety Code § 11375?
• You did not intend to sell the substance
• The substance is not listed under Health & Safety Code § 11375(c)
• You did know that you were in possession of the substance
• The evidence was seized during an unlawful search
• You had a valid prescription for the substance and did not intend to sell it
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