What Constitutes Possession for Sale Under HS 11351 in San Diego?
Understanding HS 11351: What Possession for Sale Means in San Diego
Drug-related charges in California can carry serious consequences—especially when the offense goes beyond simple possession. One of the more serious drug offenses prosecuted in San Diego is possession for sale, outlined under 11351 HS of the California Health and Safety Code. This charge is not about personal use; it’s based on the belief that the individual intended to sell the controlled substance.
If you or someone you care about is facing charges under 11351 HS, it’s essential to understand what the law covers, what prosecutors must prove, and the penalties that may follow. This blog breaks it all down in clear terms.
What Does HS 11351 Prohibit?
Under 11351 HS, it is illegal to possess certain controlled substances with the intent to sell them. This includes both street drugs and prescription medications that are regulated under state and federal law. Common substances tied to this charge include:
- Cocaine
- Heroin
- Oxycodone (without a valid prescription)
- Hydrocodone
- Codeine
Importantly, this law doesn’t require an actual sale to have taken place—intent is enough. That’s why many people are surprised to find themselves facing a felony charge even without being caught in the act of selling.
See also: Unlocking Business Efficiency: Benefits of Using a PO Generator for Procurement
Key Elements of a 11351 HS Charge
1. You had possession of a controlled substance
Possession can be physical (found in your pocket or backpack), constructive (in your car or home), or joint (shared with someone else). Actual physical control isn’t always necessary.
2. You knew about the presence and nature of the drug
The prosecution must show that you were aware of both the presence of the substance and its illegal nature. If you didn’t know the substance was there, or didn’t know it was a controlled drug, that could be a valid defense.
3. There was enough of the substance to be used or sold
Traces or unusable amounts don’t qualify. There must be a quantity that’s sufficient for consumption or distribution.
4. You intended to sell the substance
Prosecutors rely heavily on circumstantial evidence to prove intent, which can include:
- The amount of the drug (larger amounts may suggest intent to sell)
- Packaging materials (e.g., multiple baggies or containers)
- Presence of scales, ledgers, or large sums of cash
- Text messages or communications referencing drug sales
How Is Possession for Sale Different from Simple Possession?
The difference between a charge of simple possession and possession for sale lies in the intent. Simple possession is typically charged under HS 11350 and may be eligible for diversion programs or reduced penalties. But under 11351 HS, the state argues that you planned to sell the drug, which makes the offense much more serious.
Additionally, possession for sale is not eligible for drug diversion programs like Proposition 36 or Penal Code 1000, which aim to help non-violent drug users avoid jail.
Penalties for Violating 11351 HS in San Diego
A conviction under 11351 HS is a felony and can carry harsh consequences. If found guilty, you could face:
- 2, 3, or 4 years in county jail
- Fines of up to $20,000
- Felony probation (in some cases)
- Asset forfeiture
- Immigration consequences (non-citizens may face deportation or denial of re-entry)
Penalties can increase if the amount of the substance is especially large or if the sale involved protected areas such as schools or playgrounds.
Defenses to a 11351 HS Charge
If you’re facing charges under 11351 HS, it’s important to understand that there are several defenses that may apply depending on the facts of your case. These can include:
Illegal Search and Seizure
If law enforcement obtained evidence without a proper warrant or probable cause, that evidence may be excluded in court.
You Didn’t Know the Substance Was There
If someone else left the drugs in your car or bag without your knowledge, you may not be legally responsible.
Valid Prescription
If the drug was prescribed to you legally, possession is not a crime.
The Importance of Legal Guidance
A drug charge under 11351 HS isn’t just a legal issue—it can affect your job, housing, family, and future. A criminal conviction can have long-lasting effects on your record and future opportunities. That’s why it’s important to act quickly and get legal support if you’re being investigated or have been arrested.
Final Thoughts
Possession for sale under 11351 HS is a serious offense in San Diego. Even if no money changed hands, prosecutors may still file charges based on circumstantial evidence of intent. If you’re facing this charge, it’s essential to understand your rights, the legal process, and the potential defenses available to you.
David P. Shapiro Criminal Defense Attorneys believe everyone deserves a fair shot at justice. Their team is here to help you navigate your case, protect your rights, and fight for your future.
