Possession for Sale Defense in CaliforniaCalifornia 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