California's Drug Possession for Sale Law
Health and Safety Code 11351 HS

Mere possession of narcotics is a crime in California. But possession of a controlled substance with intent to sell is an even more serious crime.

Prosecutors tend to charge possession for sale when the cops discover a person with drugs and the following factors:

  • Large quantities of the drug
  • Packaging of the drug in separate baggies or bindles
  • Scales
  • Lots of cash, especially in small denominations
  • Lots of people coming to your place, and staying only a few minutes

Unfortunately however, many innocent people get arrested and charged with possessing or purchasing drugs for sale.  Maybe you had the drugs only for your own personal use. Maybe the drugs didn't even belong to you.

That's where we come in.  Our experience as former police investigators and deputy district attorneys equips us with the inside knowledge that allows us to help you fight unfair drug charges.

Below, our California drug crime defense attorneys1 explain Health & Safety Code 11351 HS by addressing the following:

1. The Legal Definition of Possessing or Purchasing a Controlled Substance for Sale

1.1. Possession

1.1.a. Actual possession

1.1.b. Constructive possession

1.1.c. Joint possession

1.2. Knowledge

1.2.a. Knowledge that you possessed
the drug

1.2.b. Knowledge that it's a
controlled substance

1.3. There was enough of the drug to use/sell

1.4. The intent to sell

2. Possession for Sale vs. Possession for Personal Use

2.1. The factors that distinguish personal possession from possession for sales

3. Legal Defenses

3.1. Illegal search and/or seizure

3.2. No intent to sell

3.3. Lack of possession

3.4. Lack of knowledge

4. Penalties, Punishments and Sentencing

4.1. Aggravating factors

4.2. Drug diversion

5. Related Offenses

5.1. Health and Safety Code 11352 HS -- sales and transportation of controlled substances

5.2. Health and Safety Code sections 11377, 11378 and 11379 HS -- possession, sales and transportation of methamphetamines

5.3. Health and Safety Code 11359 HS -- possession of marijuana for sale

5.4. Health and Safety Code 109575 and 11355 HS -- sale of an imitation controlled substance

5.5. Health and Safety Code 11357.5 & 11375.5 HS -- sale / Possession for sale of synthetic cannabis or stimulants 

If after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on California Drug Charges; Health and Safety Code 11350 HS Personal Possession of a Controlled Substance; Health and Safety Code 11352 HS California's Law Against Transporting or Selling a Controlled Substance; Health and Safety Code Sections 11377, 11378 and 11379 HS California's Law Against Possessing, Selling or Transporting Methamphetamines; Health and Safety Code 11364 HS Possession of Drug Paraphernalia; Health and Safety Code 11550 HS California's Under the Influence Law; Driving Under the Influence of Drugs; Cocaine; Heroin; Gamma-Hydroxybutyric Acid ("GHB"); Ketamine; Phencyclidine ("PCP"); Ecstasy; Codeine; Hydrocodone "Vicodin"; California Legal Defenses; California's Search and Seizure Laws; Penal Code 1538.5 PC Motion to Suppress Evidence; Wobblers; Misdemeanors; Felonies; Proposition 36; Penal Code 1000 PC Drug Diversion; and California Drug Courts.

1. The Legal Definition of Possessing or Purchasing a Controlled Substance for Sale

California Health & Safety Code 11351 HS is one of several laws that prohibit the illegal sale or distribution of narcotics.  Possessing or purchasing certain controlled substances or other narcotic drugs with the intent to sell them subjects you to prosecution under this statute.

A "controlled substance" is a drug or chemical whose manufacture, possession and use are regulated by the government under the United States "Controlled Substances Act".

Examples of common controlled substances that are regulated under this law include (but are not limited to):

This law also prohibits you from possessing or purchasing certain prescribed drugs for sale.  These include (but are not limited to):

But before a prosecutor can convict you of possessing a controlled substance for sale, he/she must prove that you

  1. possessed or purchased the drug,
  2. knew you did so,
  3. knew of the drug's nature as a controlled substance,
  4. possessed enough of the drug to use or sell, and
  5. that you either
a) possessed the drug with the intent to sell it, or
b) purchased the drugs with the intent to resell them.4

Let's take a closer look at some of these terms and conditions in order to gain a better understanding of their legal meanings.

1.1. Possession

In California law, the meaning of the word "possession" is equivalent to control.  This type of control may be actual, constructive, or joint.

1.1.a. Actual possession

Actual or physical possession is easiest to define and identify.  An example would be if you had the prohibited drug on your person...perhaps in a pocket, or carried in a backpack or briefcase.

1.1.b. Constructive possession

Constructive possession is a bit more difficult to identify.  You have constructive possession over a controlled substance if you have

  1. access to it, or
  2. the right to control it (despite the fact that you don't physically possess it).

Constructive control is typically proven by circumstantial evidence...that is, evidence that doesn't directly point to guilt.

Example: Bob keeps a stash of crack cocaine in the nightstand next to his bed. He's rarely in actual physical possession of the drug. But he's nevertheless in constructive possession of it.

1.1.c. Joint possession

Joint control refers to a situation where two or more people have possession of the drug.

Example:  Defendant and his brother were held to have joint possession of heroin that was found in the headboard of a bed in the defendant's bedroom.  The court reasoned that both men had joint, constructive possession of drugs since they were found in the bedroom over which they both exercised joint dominion and control when hiding/accessing/selling the drugs.5

1.2. Knowledge

Before the prosecutor can convict you of possession for sales, he/she must prove that you knew

  1. you possessed the drug, and
  2. that the drug was, in fact, a controlled substance.6

Let's explore these two types of knowledge.

1.2.a. Knowledge that you possessed the drug

It would be unfair to hold someone accountable for possessing drugs for sale if he/she didn't know the drugs were in his/her possession.

This means that if, for example, you borrowed a friend's car...and police discovered drugs in the trunk...you shouldn't be held criminally liable if you didn't know the narcotics were in the car.

Similarly, if, for example, a friend hid his drugs in your apartment without asking/telling you...perhaps because he knew the police were going to get a warrant to search his house...you aren't guilty of drug possession unless you knew about it and consented to it.

1.2.b. Knowledge that it's a controlled substance

In order to sustain a conviction for possession for sales, it's not necessary that you know

  • the exact name of the drug,
  • the chemical makeup of the drug, or
  • what kinds of expected effects the drug produces.

All that is necessary is that you know that the drugs are illegal controlled substances.7

Now what's interesting is that the judge/jury may infer that both of these "knowledge" requirements have been satisfied by the simple fact that you possessed the drugs.  Knowledge may also be assumed based on your conduct following the discovery of the narcotics.8

Example: Pete is driving his car when the police pull him over.  As the cop approaches on the driver's side, Pete takes the four balloons containing cocaine and throws them out the passenger side window as inconspicuously as possible.  Pete's actions reveal that he knew he possessed the drugs and knew of their illegal nature.

1.3. There was enough of the drug to use/sell

As Newport Beach criminal defense attorney John Murray9 explains, "Useless traces or residue of a drug will not support a conviction for possession of a controlled substance for sale.10 The quantity of the drug has to be enough that it can actually be consumed as a drug by the person/people to whom it will be sold.  However, there does not have to be enough of the controlled substance to affect the user."11

1.4. The intent to sell

Whether you intend to sell the drugs is often the most critical part of the prosecution's case in a "possession for sales" charge.  But this doesn't mean that you must have the intent to sell the drugs personally. As long as you specifically intend for someone to sell the drugs, you can be convicted of this offense.12

If the prosecutor proves that you possessed a controlled substance...but cannot prove that you did so with the intent to sell the drugs...the judge/jury could convict you of the lesser included offense of personal possession under Health and Safety Code 11350 HS California's "personal possession of a controlled substance" law.13

This distinction is critical because a personal possession conviction not only subjects you to lesser penalties, but also provides the possibility for you to participate in a drug diversion program in lieu of serving time in jail or prison.  These differences are discussed below in Section 4. Penalties, Punishment and Sentencing.

Because this issue is so vital to the charge, we've decided to address the factors that are typically involved in distinguishing between a personal possession case and a possession for sales case in their own section.

2. Possession for Sale vs. Possession for Personal Use

Neither of these crimes necessarily involves the actual sale or transfer of controlled substances.  That crime...Health and Safety Code 11352...is discussed under Section 4. Related Offenses.  As a result, these possession offenses revolve around the possessor's intent.

"Intent" can be difficult to prove.  Absent a clear, voluntary confession to the crime, intent is usually something that will have to be proven by circumstantial evidence...that is, the surrounding circumstances.

There are several factors that law enforcement and prosecutors typically rely on when trying to establish an intent to sell.  Usually the prosecution will call upon an "expert" witness...that is, a narcotics officer...to offer an opinion that the drugs were going to be sold by the defendant (as opposed to consumed by the defendant) based on these factors.14

2.1. The factors that distinguish personal possession from possession for sales

Although the following factors are not necessarily relevant to every possession case, they are commonly used to distinguish between the two types of charges.

The quantity of the controlled substance

If you possess more drugs than what an "average" person would personally consume, the police/prosecution will assume that you possess the narcotics for sale.

The flaw in this argument is that a habitual drug user will typically "stock up" if he/she has the means to do so.  So unless you're running a commercial operation out of a warehouse, having a large amount of a drug is not in-and-of itself evidence of possession for sales.

The packaging of the drug

How the controlled substance is packaged is often times the most damaging type of evidence in a possession for sales case.  If the drugs are packaged in numerous separate

  • baggies,
  • balloons,
  • bundles,
  • bindles, or
  • in any other way commonly associated with drug sales,

the cops will say that this sort of packaging suggests the controlled substance was possessed for sale rather than personal use.  Similarly, if the cops find you with lots of baggies or other packaging material, they will suspect an intent to sell.

The presence/absence of drug paraphernalia

Possession of drug paraphernalia...a crime in-and-of itself under Health and Safety Code 11364 HS California's "possession of drug paraphernalia" law...could either help or hurt your case.

Drug paraphernalia includes pipes, syringes, or any other instrument used to ingest, inject, or otherwise consume a drug.  Because paraphernalia typically indicates use, its presence could support your claim that the drugs were for personal use.

However, if the police find you in possession of items such as

  • weighing scales,
  • measuring instruments, or
  • other tools that may be used to dilute, separate, or package drugs,

that discovery will enhance the prosecutor's claim that you possessed the controlled substances for sale.

You are under the influence

If you are under the influence of drugs at the time of your arrest, that fact tends to point to personal use of the drugs rather than an intent to sell.  However, many "dealers" are also "users", so this evidence certainly isn't conclusive.

And if you are under the influence in "any detectable manner",15 that could also lead to additional charges under Health and Safety Code 11550 HS California's "under the influence of a controlled substance" law.

A conviction for this misdemeanor drug offense subjects you to possible jail time.  However, eligible defendants may be able to participate in drug diversion instead...but only if your attorney can have your possession for sale charge reduced to personal possession.16

Of course, there will be other factors that will be indicative of, or inconsistent with, an intent to sell, depending on the specific facts of your case.  The above list is just a sample of some of the most common arguments upon which prosecutors and defense attorneys rely when attempting to prove (or negate) the fact that you had the intent to sell controlled substances.

3. Legal Defenses

There are several legal defenses to possessing or purchasing a drug for sale that a skilled California drug crimes lawyer can argue on your behalf.  The following is a brief summary of some of the most popular.  This list serves only as an example and may or may not apply to the facts of your specific case.

3.1. Illegal search and/or seizure

There are a number of ways that police can violate California's search and seizure laws.  For example, an illegal search / seizure claim may arise out of

  • a warrantless search (that is, a search that is conducted in the absence of a California search warrant),
  • a search that exceeds the scope of the warrant (for example, the warrant only authorizes a search of your bedroom, but the officers search the rest of your house and discover the illegal drugs in your kitchen drawer),  or
  • an illegal detention (if the police weren't legally entitled to stop you in the first place, any drugs that they subsequently find probably cannot be used as evidence against you).

If your California drug crimes lawyer suspects that you may be the victim of an illegal search and seizure, he/she will likely file a Penal Code 1538.5 PC motion to suppress evidence.  If you prevail on this motion, your charge(s) will probably be dismissed or, at the very least, significantly reduced.

Example:  Police arrested the defendant as a fugitive pursuant to an arrest warrant.  They arrested her in her bedroom.  The police then went into her bathroom where they found eleven condoms containing heroin.  At trial, she was convicted of possession of heroin for sale.
The California Court of Appeal reversed her conviction based on the fact that the heroin was discovered pursuant to an illegal search and seizure.  The police were arresting the defendant based on an arrest warrant, not an all-inclusive California search warrant.  Once they found and arrested her, a search of her bathroom could not have provided evidence related to that arrest.  Once the object of their search was found...that is, the defendant...the police had no legitimate grounds for searching the rest of the apartment.17

3.2. No intent to sell

Even if you possessed the drug, you may not have intended to sell them.  If you can prove that you only possessed the drugs for personal use and not to sell them, you should be acquitted of this offense.

And while it may seem counterintuitive to concede that you did, in fact, possess a controlled substance, personal possession is considered a much less serious offense and may permit you to participate in drug diversion.

If you can challenge the fact that you even possessed the drugs, then clearly this isn't the defense you would present.  However, if the evidence that you possessed illegal drugs is overwhelming, this is probably your best bet.

This defense could also work if you can convince the judge/jury that even though the drugs briefly ended up in your possession, you only momentarily possessed them as you were in the process of trying to dispose of them.18

3.3. Lack of possession

If your California drug crimes defense attorney can convince the prosecutor, judge, and/or jury that you didn't even possess the drug, you are entitled to an acquittal of this charge.  This defense would most likely apply to a case alleging constructive possession.

Example:  Defendant was arrested for possessing a controlled substance for sale.  The arrest was based on an incident where the defendant (1) agreed to buy a large quantity of drugs from an undercover cop so that he could resell them, (2) met the officer, (3) paid the officer for the drugs, (4) was prepared to take them from the officer, but (5) was arrested before he actually took possession/control of the drugs.
The Court of Appeal held "He [the defendant] did not direct the contraband be moved within a room.  Nor did he take any other action which exhibits control over the drugs.  A defendant agreeing to meet the police, paying for and standing ready to receive the goods, without more, does not constitute the requisite control necessary to establish constructive possession."19

3.4. Lack of knowledge

Similarly, if the prosecutor can't prove that you knew about the drug's presence or narcotic character, you can't be convicted of drug possession for sales.

Believing that cocaine is actually PCP is not a valid defense.  However, believing that cocaine found in a baggie was simply sugar might be.

This defense works best when the defendant has no legal record of past drug experience.  This type of defendant can most effectively convince a judge/jury that he/she truly didn't know that the drugs were a controlled substance...as opposed to a known "user" or "dealer" trying to make this same claim.

4. Penalties, Punishments and Sentencing

Health and Safety Code 11351 HS California's law against possessing a controlled substance with intent to sell it is a felony. A conviction is punishable by either:

  • probation and up to a year in county jail, or
  • two, three or four years in county jail,

and/or

  • a maximum $20,000 fine.20

And if the prosecution can prove that you intended to engage in multiple sales, these penalties could be imposed in connection with each intended sale.21

A conviction under this section could additionally lead to deportation if you are a legal immigrant or legal alien.22 For more information about how California drug offenses affect aliens, please review our article on California Crimes that Lead to Deportation.

4.1. Aggravating factors

If you are convicted of possessing or purchasing cocaine base for sale, you face:

  • three, four or five years in county jail, and
  • a maximum $20,000 fine.23

In addition, if you are convicted of violating Health and Safety Code 11351 HS, and the controlled substance is heroin, cocaine base or cocaine, you face an additional

  • three years if the substance exceeds one kilogram by weight,
  • five years if it exceeds four kilograms,
  • ten years if the substance exceeds ten kilograms,
  • fifteen years if the drug weighs more than 20 kilograms,
  • twenty years if it weighs more than 40 kilograms, and
  • twenty-five years if the substance exceeds 80 kilograms.24

If you receive an additional sentence under one of these weight enhancements, you also face fines of up to $8,000,000.25

And if:

  • you are convicted of possessing or purchasing controlled substances for sale, and
  • you have at least one prior felony conviction for another California drug crime that involves more than mere personal use,

you face an additional and consecutive three-year term for each prior felony conviction.26

4.2. Drug diversion

"Drug diversion"...permissible under

allows people who have committed certain non-violent drug possession offenses to serve their sentences in drug treatment programs in lieu of jail or prison.  The most significant benefit of drug diversion is that if you successfully complete the program, your drug charges will likely be dismissed.

However, drug diversion is not offered to everyone and, in fact, has a number of limitations.29 One of these restrictions is that it doesn't apply to drug "sales" offenses.  This is why it is so critical for your attorney to try to negotiate a charge reduction to personal possession instead of a possession for sales.

But because you can't possess a controlled substance for sale without necessarily possessing the drug, simple possession is what's known as a "lesser included offense" of California Health and Safety Code 11351 HS.30 As a result, even if the prosecutor charges you with possession for sale, a judge/jury could alternatively choose to convict you of Health and Safety Code 11350 HS California's personal possession law instead.

If they choose to do so, you may be entitled to participate in a drug diversion program.

5. Related Offenses

There are a number of offenses that are closely related to Health and Safety Code 11351 HS.  Some of these involve similar conduct -- some are typically charged in connection with 11351 HS -- some may be charged in lieu of 11351.

Examples of some of the most common related offenses include (but are not limited to):

5.1. Health and Safety Code 11352 HS -- sales and transportation of controlled substances

Health and Safety Code 11352 HS California's "sales or transportation of a controlled substance" law involves sales of the same controlled substances that are prohibited under HS 11351.

The difference between Health and Safety Code 11352 HS and 11351 HS is that 11352 involves actual drug transactions (as opposed to possessing the narcotics with the intent to sell them).

If convicted of this felony, you face:

  • three, four or five years in county jail (three, six or nine years if you transport the drugs across more than two county lines).31

And because this offense involves sales (rather than simple, personal possession), drug diversion is not an option...that is, unless your attorney can negotiate a plea bargain for a personal possession charge instead.

5.2. Health and Safety Code sections 11377, 11378 and 11379 HS -- possession, sales and transportation of methamphetamines

Health and Safety Code sections 11377, 11378 and 11379 HS California's laws against the possession, sales and transportation of methamphetamines are very similar to Health and Safety Codes 11350, 11351 and 11352 (all discussed above), with one major difference.

The difference is that these laws regulate slightly less "serious" drugs.  And while methamphetamines -- also referred to as "meth" -- are probably the most common drugs that are prosecuted under these laws, they regulate a variety of other drugs as well.  Some of these include (but are not limited to):

Health and Safety Code 11377 HS is what is known as a wobbler, which means that the prosecutor can charge the offense as either a misdemeanor or a felony.32 However, 11378 and 11379 are both felonies, subjecting you to between16 months and nine years in jail.33

Where possessing certain drugs -- such as "GHB" -- is prohibited under more than one law, the prosecutor has the discretion to choose which charges to file.

5.3. Health and Safety Code 11359 HS -- possession of marijuana for sale

Under California Health and Safety Code 11359, possession of marijuana for sale, it is a felony to possess marijuana if you intend to sell it.

Possession of marijuana for sale can be punished by:

  • 16 months, or two or three years in county jail, and/or
  • up to a $10,000 fine.

5.4. Health and Safety Code 109575 and 11355 HS -- sale of an imitation controlled substance

California Health and Safety Code 109575 and 11355, sale of imitation controlled substances, deal with fake or “bunk” drugs.

An imitation controlled substance (or “bunk” drug) is one that is intentionally indistinguishable by outward appearances from a genuine controlled substance.

California Health and Safety Code 109575 makes it a crime to: ·

  • manufacture,
  • sell, or
  • possess for sale

an imitation controlled substance.

Violation of Health and Safety Code 109575 is a misdemeanor. It can be punished by: ·

  • up to six months in county jail, and/or
  • a fine of up to $1,000.

California Health and Safety Code 11355 HS makes it illegal to:

  • offer to sell, give away or transport a controlled substance, but
  • deliver, or arrange to deliver, an imitation drug instead.

Perhaps surprisingly, this is a more serious crime. Not only is a fake drug potentially harmful in and of itself, but it can cause an addict who later uses the real drug to increase the dosage.

California Health and Safety Code 11355 HS is, therefore, a California “wobbler” offense. If charged as a misdemeanor, the maximum sentence is:

  • one year in county jail.

If charged as a felony, violation of Health and Safety Code 11355 carries a sentence of:

  • 16 months, or two or three years in county jail.

5.5. Health and Safety Code 11357.5 & 11375.5 -- sale / possession for sale of synthetic cannabis or stimulants

California law makes it illegal to sell, or possess for sale, synthetic (“designer”) drugs. These acts are misdemeanors under:

  • California Health and Safety Code 11357.5, synthetic cannabis (marijuana), and
  • California Health and Safety Code 11375.5 (synthetic stimulants).

They can be punished by:   ·

  • up to six (6) months in county jail, and/or
  • a fine of up to $1,000.

Synthetic drugs are usually sold in small, foil or plastic pouches. Often, they are labeled “not for human consumption.”

Synthetic marijuana is sometimes marketed as “potpourri” or “herbal incense.” Popular brand names include “Spice,” “K2,” and “Black Mamba.”

Although synthetic marijuana contains herbs or other leafy materials, the active ingredients are made in a laboratory. They are often processed with toxic chemicals, such as acetone.

Synthetic stimulants are often referred to as “bath salts.”  They are designed to produce effects similar to those of:

  • cocaine,
  • LSD,
  • MDMA, and/or
  • methamphetamine.

Simple possession of synthetic drugs for personal use is not a crime under California law.

However, even simple possession is prohibited under the federal Controlled Substances Act (“CSA”), 21 United States Code 811. It is punishable by:

  • a fine of not less than $1,000, and
  • up to one (1) year in federal prison.

But selling synthetic drugs or even possessing them for sale is considered drug trafficking under the CSA. They are serious felonies, punishable by:

  • a fine of up to $1,000,000, and/or
  • up to 20 years in federal prison.
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If you or loved one is charged with Health and Safety Code 11351 HS sales of drugs and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions about Nevada law on possession for sale of a controlled substance.  For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.34

Legal References:

1Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.  We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

2California Health and Safety Code 11351 HS -- Possession or purchase of controlled substances for sale; punishment.  ("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.")

3See same.

4 California Jury Instructions -- Criminal: CALJIC No. 12.01.  ("(Health and Safety Code � 11351 [California's possession or purchase of controlled substances for sale law], � 11351.5, � 11378 or � 11378.5). [Defendant is accused [in Count[s] ] of having committed the crime of illegal possession for sale of a controlled substance, a violation of section of the Health and Safety Code.] Every person who [possesses] [or] [purchases] for sale __________, a controlled substance, is guilty of a violation of Health and Safety Code section , a crime. There are two kinds of possession: actual possession and constructive possession. "Actual possession" requires that a person knowingly exercise direct physical control over a thing. "Constructive possession" does not require actual possession but does require that a person knowingly exercise control over or right to control a thing, either directly or through another person or persons. [One person may have possession alone, or two or more persons together may share actual or constructive possession.] ["Sale" means any exchange of __________.] In order to prove this crime, each of the following elements must be proved: 1 A person [exercised control over or the right to control] [or] [purchased from another], an amount of __________, a controlled substance; 2 That person knew of its presence; 3 That person knew of its nature as a controlled substance; 4 The substance was in an amount sufficient to be used for sale or consumption as a controlled substance; and 5 That person [possessed] [or] [purchased] the controlled substance with the specific intent to sell the same.")

5Facts resemble those in People v. Saldana (1984) 157 Cal.App.3d 443.

6 See CAJLIC 12.01, California's possession or purchase of a controlled substance for sale law, endnote 4, above.

7 People v. Guy (1980) 107 Cal.App.3d 593, 600-601.  ("Defendant next contends that the court should have instructed the jury that the prosecution had to prove defendant knew the controlled substance he possessed was PCP.FN5 Defendant reasons that because he did not know the drug was PCP, "he did not have the requisite knowledge" to be convicted of possession of PCP for sale under Health and Safety Code section 11378.FN6 This position has been rejected in People v. Garringer (1975) 48 Cal.App.3d 827 [121 Cal.Rptr. 922].FN7 In that case the court wisely determined that knowledge for the purpose of conviction under Health and Safety Code section 11377, is knowledge of the controlled nature of the substance and not its precise chemical composition. Although the Garringer court dealt with mere possession rather than possession for sale, the knowledge element is the same.")

8(People v. Eckstrom (1986) 187 Cal.App.3d 323, 331.  ("As to knowledge of its presence and character, the mere possession of narcotics constitutes substantial evidence that the possessor of the narcotic knew of its nature. ( People v. Gordon, supra, 10 Cal.App.3d at p. 460, 89 Cal.Rptr. 214, citing People v. White (1969) 71 Cal.2d 80, 83, 75 Cal.Rptr. 208, 450 P.2d 600.) Further, "[k]nowledge of the presence of contraband and of its narcotic content may be inferred from the accused's conduct or statements at or near the time of his arrest. [Citations.]" ( People v. Solo (1970) 8 Cal.App.3d 201, 206, 86 Cal.Rptr. 829.)")

9 Newport Beach criminal defense attorney John Murray represents clients accused of violating Health and Safety Code 11351 HS California's possession or purchase of a controlled substance for sale law throughout Orange County, including Newport Beach, Santa Ana, Fullerton, Laguna Beach, Irvine, Anaheim and Westminster, as well as in the South Bay (including Long Beach and Torrance).

10 People v. Leal (1966) 64 Cal.2d 504, 512.  ("We conclude that the statutory differentiation of the various crimes as well as the history of the cases culminating in Sullivan show that in penalizing a person who possesses a narcotic the Legislature proscribed possession of a substance that has a narcotic potential; it condemned the commodity that could be used as such. It did not refer to useless traces or residue of such substance. Hence the possession of a minute crystalline residue of narcotic useless for either sale or consumption, as Sullivan points out, does not constitute sufficient evidence in itself to sustain a conviction [under Health and Safety Code 11351 HS California's possession or purchase of a controlled substance for sale law]."

11 People v. Rubacalba (1993) 6 Cal.4th 62, 66.  ("These cases make clear, and we agree, that the Leal usable-quantity rule prohibits conviction only when the substance possessed simply cannot be used, such as when it is a blackened residue or a useless trace. It does not extend to a substance containing contraband, even if not pure, if the substance is in a form and quantity that can be used. No particular purity or narcotic effect need be proven.")

12 People v. Parra (1999), 70 Cal.App.4th 222, 226-227.   ("On its face, Health and Safety Code section 11351 [California's possession or purchase of a controlled substance for sale law ] does not state that the defendant has to have the specific intent to sell the controlled substance personally, only that it be " 'for sale.' " ( People v. Consuegra, supra, 26 Cal.App.4th at p. 1732, fn. 4.) The Use Note to CALJIC No. 12.01 does not indicate that there is a requirement that the controlled substance must be possessed with the specific intent to sell it personally. Furthermore, we find no meaningful distinction in culpability between the defendant who actually sells the controlled substance and the defendant who transports it with the specific intent that someone else will sell it, as they both share in the specific intent to sell. FN5 Therefore, we conclude that in order to be convicted of a violation of the Health and Safety Code section 11351 the defendant needs to either (1) possess the specific intent to sell the controlled substance personally, or (2) possess the specific intent that someone else will sell the controlled substance.")

13 California Health and Safety Code 11350 HS -- Possession of controlled substances.  ("(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) 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, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. (c) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant' s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (d) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered: (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.")

14 People v. Newman (1971) 5 Cal.3d 48, 53 (disapproved on other grounds).  ("In cases involving possession of marijuana or heroin, experienced officers may give their opinion that the narcotics are held for purposes of sale [where the charges are under Health and Safety Code 11351 HS California's possession or purchase of a controlled substance for sale law ] based upon such matters as the quantity, packaging and normal use of an individual; on the basis of such testimony convictions of possession for purpose of sale have been upheld. (E.g., People v. Martin, 247 Cal.App.2d 416, 420-421 [55 Cal.Rptr. 629]; People v. Aguilar, 232 Cal.App.2d 173, 178 [42 Cal.Rptr. 666].) (10) However, as to drugs which may be purchased by prescription, an officer's opinion that possession of lawfully prescribed drugs is for purposes of sale is worthy of little or no weight in the absence of evidence of some circumstances not to be expected in connection with a patient lawfully using the drugs as medicine. ( People v. Hunt, supra., 4 Cal.3d 231, 237-238.")

15 People v. Enriquez (1996) 42 Cal.App.4th 661, 665.  ("...'being under the influence' within the meaning of Health and Safety Code section 11550 merely requires that the person be under the influence in any detectable manner. The symptoms of being under the influence within the meaning of that statute are not confined to those commensurate with misbehavior, nor to those which demonstrate impairment of physical or mental ability.")

16 California Health and Safety Code 11550 HS -- Under the influence of a controlled substance.  ("(a) No person shall use, or be under the influence of any controlled substance which is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), (21), (22), or (23) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic drug classified in Schedule III, IV, or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception. Any person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days or more than one year in a county jail.

17People v. Baca (1967) 254 Cal.App.2d 428.

18 CALJIC 12.06 Possession-Not Unlawful-Burden of Proof.  ("A person is not guilty of a crime when his or her possession of [a controlled substance] [marijuana] is shown to be lawful. The defendant has the burden of proving by a preponderance of the evidence all of the facts necessary to establish that his or her possession of the [controlled substance] [marijuana] is lawful. The possession of a[n] [item] [controlled substance] [marijuana] is lawful where all of the following conditions are met: 1 The possession is momentary and is not based on either ownership or the right to exercise control over the __________; 2 The is __________ possessed solely for the purpose of abandonment, disposal, or destruction; 3 The __________ is possessed for the purpose of terminating the unlawful possession of it by another person or preventing another person from acquiring possession of it; and 4 Control is not exercised over the __________ for the purpose of preventing its imminent seizure by law enforcement.")

19Armstrong v. Superior Court (1990) 217 Cal.App.3d 535.

20 See Health and Safety Code 11351 HS California's possession or purchase of controlled substances for sale law, endnote 2, above.

See also California Health and Safety Code 11372 HS -- Fines.  ("(a) In addition to the term of imprisonment provided by law for persons convicted of violating Section 11350, 11351 [California's possession or purchase of a controlled substance for sale law], 11351.5, 11352, 11353, 11355, 11359, 11360, or 11361, the trial court may impose a fine not exceeding twenty thousand dollars ($20,000) for each offense. In no event shall a fine be levied in lieu of or in substitution for the term of imprisonment provided by law for any of these offenses. (b) Any person receiving an additional term pursuant to paragraph (1) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not exceeding one million dollars ($1,000,000) for each offense. (c) Any person receiving an additional term pursuant to paragraph (2) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed four million dollars ($4,000,000) for each offense. (d) Any person receiving an additional term pursuant to paragraph (3) of subdivision (a) of Section 11370.4, may, in addition, be fined by an amount not to exceed eight million dollars ($8,000,000) for each offense. (e) The court shall make a finding, prior to the imposition of the fines authorized by subdivisions (b) to (e), inclusive, that there is a reasonable expectation that the fine, or a substantial portion thereof, could be collected within a reasonable period of time, taking into consideration the defendant's income, earning capacity, and financial resources.")

21 People v. Monarrez (1998) 66 Cal.App.4th 710, 715.  ("The evidence supported a finding that defendant had been engaged in multiple sales and intended to make multiple sales of the narcotics which he possessed. The narcotics are separately classified and regulated by the Legislature; they have different effects and pose different hazards to society. The punishment imposed here was entirely fair.")

228 U.S. Code Section 1227 -- Deportable aliens. ("(a) Classes of deportable aliens. Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens...(2) Criminal offenses...(B) Controlled substances. (i) Conviction. Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.  And because Health and Safety Code 11351 HS California's possession or purchase of a controlled substance for sale law is a crime involving a controlled substance, it is a California crime that could lead to deportation.

23 California Health and Safety Code 11351.5 HS -- Possession of cocaine base for sale; punishment.  ("11351.5. Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale cocaine base which is specified in paragraph (1) of subdivision (f) of Section 11054, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of three, four, or five years.")

See also California Health and Safety Code 11372 HS -- Fines, endnote 20, above.

24 California Health and Safety Code 11370.4 HS -- Convictions under specified sections with respect to substances containing heroin, cocaine base, cocaine, methamphetamine, amphetamine or phencyclidine; additional terms.  ("(a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional term as follows: (1) Where the substance exceeds one kilogram by weight, the person shall receive an additional term of three years. (2) Where the substance exceeds four kilograms by weight, the person shall receive an additional term of five years. (3) Where the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years. (4) Where the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years. (5) Where the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years. (6) Where the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years. The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Any person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional term as follows: (1) Where the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years. (2) Where the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years. (3) Where the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years. (4) Where the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years. In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included. The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (d) The additional terms provided in this section shall be in addition to any other punishment provided by law. (e) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.")

25 See California Health and Safety Code 11372 HS - Fines, endnote 20, above.

26 California Health and Safety Code 11370.2 HS -- Sentence enhancements for persons with certain prior convictions.  ("(a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351 [California's possession or purchase of a controlled substance for sale law], 11351.5, or 11352 shall receive, in addition to any other punishment authorized by law, including Section 667.5 of the Penal Code, a full, separate, and consecutive three-year term for each prior felony conviction of, or for each prior felony conviction of conspiracy to violate, Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, whether or not the prior conviction resulted in a term of imprisonment. (b) Any person convicted of a violation of, or of a conspiracy to violate, Section 11378.5, 11379.5, 11379.6, 11380.5, or 11383 shall receive, in addition to any other punishment authorized by law, including Section 667.5 of the Penal Code, a full, separate, and consecutive three-year term for each prior felony conviction of, or for each prior felony conviction of conspiracy to violate, Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, whether or not the prior conviction resulted in a term of imprisonment. (c) Any person convicted of a violation of, or of a conspiracy to violate, Section 11378 or 11379 with respect to any substance containing a controlled substance specified in paragraph (1) or (2) of subdivision (d) of Section 11055 shall receive, in addition to any other punishment authorized by law, including Section 667.5 of the Penal Code, a full, separate, and consecutive three-year term for each prior felony conviction of, or for each prior felony conviction of conspiracy to violate, Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, whether or not the prior conviction resulted in a term of imprisonment. (d) The enhancements provided for in this section shall be pleaded and proven as provided by law. (e) The conspiracy enhancements provided for in this section shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (f) Prior convictions from another jurisdiction qualify for use under this section pursuant to Section 668.")

27 California Penal Code 1210.1 PC (also known as Proposition 36)

28 California Penal Code 1000 PC -- Application of chapter to certain violations.  ("(a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, 11365, 11377, or 11550 of the Health and Safety Code, or subdivision (b) of Section 23222 of the Vehicle Code, or Section 11358 of the Health and Safety Code if the marijuana planted, cultivated, harvested, dried, or processed is for personal use, or Section 11368 of the Health and Safety Code if the narcotic drug was secured by a fictitious prescription and is for the personal use of the defendant and was not sold or furnished to another, or subdivision (d) of Section 653f if the solicitation was for acts directed to personal use only, or Section 381 or subdivision (f) of Section 647 of the Penal Code, if for being under the influence of a controlled substance, or Section 4060 of the Business and Professions Code, and it appears to the prosecuting attorney that, except as provided in subdivision (b) of Section 11357 of the Health and Safety Code, [and not to convictions involving drug sales such as Health and Safety Code 11351 HS California's possession or purchase of a controlled substance for sale law] all of the following apply to the defendant: (1) The defendant has no conviction for any offense involving controlled substances prior to the alleged commission of the charged offense. (2) The offense charged did not involve a crime of violence or threatened violence. (3) There is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation of the sections listed in this subdivision. (4) The defendant's record does not indicate that probation or parole has ever been revoked without thereafter being completed. (5) The defendant's record does not indicate that he or she has successfully completed or been terminated from diversion or deferred entry of judgment pursuant to this chapter within five years prior to the alleged commission of the charged offense. (6) The defendant has no prior felony conviction within five years prior to the alleged commission of the charged offense or proceeding.")

29 See endnotes 27 and 28, above.

30 People v. Saldana (1984), 157 Cal.App.3d 443, 454-455.  ("In order to convict on the crime charged, i.e., possession of heroin with intent to sell, the prosecution had to prove that David had actual or constructive possession of a controlled narcotic, with knowledge of its narcotic nature and presence, and the specific intent to sell it. (Health & Saf. Code, � 11351 [California's possession or purchase of a controlled substance for sale law].) Proof of the first two elements only (possession of a narcotic, with knowledge of its nature and presence) is sufficient to prove the necessarily included offense of simple possession.") Simple possession is a lesser included offense of possession for sale).

31 Health and Safety Code 11352 HS -- Transportation, sale, giving away, etc., of designated controlled substances; punishment.  ("(a) Except as otherwise provided in this division, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) 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, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison for three, four, or five years. (b) Notwithstanding the penalty provisions of subdivision (a), any person who transports for sale any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment in the state prison for three, six, or nine years.")

32 Health and Safety Code 11377 HS - Possession of methamphetamines.  ("(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or in the state prison. (b)(1) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (f) of Section 11056, and who has not previously been convicted of a violation involving a controlled substance specified in subdivision (f) of Section 11056, is guilty of a misdemeanor. (2) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in subdivision (g) of Section 11056 is guilty of a misdemeanor. (3) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (7) or (8) of subdivision (d) of Section 11055 is guilty of a misdemeanor. (4) Any person who violates subdivision (a) by unlawfully possessing a controlled substance specified in paragraph (8) of subdivision (f) of Section 11057 is guilty of a misdemeanor. (c) In addition to any fine assessed under subdivision (b), the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.")

33 California Health and Safety Code 11378 HS - Possession of methamphetamines for sale; punishment.  ("Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses for sale any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section 11055, shall be punished by imprisonment in the state prison."  This law mimics Health and Safety Code 11351 HS California's possession or purchase of a controlled substance for sale law, but prohibits different controlled substances and carries lesser penalties.)

See also California Health and Safety Code 11379 HS -- Transportation, sale, furnishing, etc. of methamphetamines; punishment.  ("(a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance which is (1) classified in Schedule III, IV, or V and which is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054 except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in the state prison for a period of two, three, or four years. (b) Notwithstanding the penalty provisions of subdivision (a), any person who transports for sale any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment in the state prison for three, six, or nine years.")

34 Please feel free to contact our Las Vegas Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada's drug crimes. Our Nevada law offices are located in Reno and Las Vegas.

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