Possession With Intent to Sell

Possession with the intent to sell is a much more serious crime than simple possession. (with the exception of the new marijuana laws in California) The punishment is similar to that of sales of drugs and similar penalties related to enhancements apply here too, such as weight enhancements and prior convictions enhancements. Obviously the government must prove that you possess the drug, but also that the intent of possession was to sell the drugs. Intent is generally inferred by circumstantial evidence and not direct evidence. Here are common examples that the District Attorney will argue infers an intent to sell the drugs:

  1. Packaging: Lots of packages of same or similar quantities
  2. Buy/Owe Sheets: A list of people who owe money for drugs and who has bought drugs
  3. Scales: Especially when the scales have drug residue on them.
  4. Money: Large amount of currency
  5. Drugs: Large amount of drugs
  6. People: People surveyed coming in and out of the suspected dealer’s house
  7. Cut: Products used to cut or further dilute the concentration of drugs.
California Health & Safety Code § 11359

Proposition 46 passed on November 8, 2016 which drastically changed this section of law. Previously this section was a felony. However now it is a misdemeanor, unless the person has what is called a “super strike” or previous sex offense.

This section makes it illegal to possess with the intent to sell marijuana. The medical marijuana defense would apply to this crime.

California Health & Safety Code § 11351

This section makes it illegal to possess with the intent to sell the same drugs listed in Health and Safety § 11350. The drugs listed in this category include but are not limited to cocaine, crack cocaine, opiates such as heroin, prescription drugs such as codeine or hydrocodone (Vicodin), as well as over 100 other less common drugs.

California Health & Safety Code § 11378

This section makes it illegal to possess for sale methamphetamine.

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