What’s the Difference Between Simple Possession and Possession for Sale in California?
What’s the Difference Between Simple Possession and Possession for Sale in California?
Being arrested for drug possession in Los Angeles can be overwhelming, especially with California’s strict drug laws. Depending on the type and quantity of drugs involved, you could be facing serious penalties, including fines, jail time, and a permanent criminal record. These consequences can affect your personal life, career, and future opportunities, making it critical to take immediate action.
At The Law Offices of Arash Hashemi, we understand the anxiety and uncertainty that comes with drug possession charges. With over 20 years of experience serving clients in Los Angeles, Attorney Hashemi is dedicated to defending your rights and helping you navigate the complex legal process. If you’ve been arrested for drug possession, knowing your rights and acting swiftly can make all the difference.
We’ll sit down with you, review the details of your case, and discuss the best strategies to protect your future. Contact our office at (310) 448-1529 to schedule a consultation and start building your defense today.
Simple Possession (Personal Use) Under California Law
Simple possession refers to having a controlled substance solely for your personal use. This is a less serious offense compared to possession for sale, as it typically involves smaller quantities of drugs intended for the individual’s own consumption. In California, many simple possession cases are prosecuted under Health and Safety Code 11350 (HS 11350) for controlled substances like heroin, cocaine, or prescription drugs without a valid prescription.
Penalties for Simple Possession:
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- Misdemeanor: For most controlled substances, simple possession is charged as a misdemeanor.
- Fines: Up to $1,000.
- Jail Time: Up to 1 year in county jail.
- Drug Diversion: First-time offenders or those charged with non-violent drug offenses may be eligible for drug diversion programs under Penal Code 1000 or Prop 36, allowing them to avoid jail time by completing a drug rehabilitation program.
What Qualifies as Simple Possession?
For a charge of simple possession, the prosecution must prove that you knowingly had control over the drug and that the amount was consistent with personal use, not intended for distribution. Indicators of simple possession typically include:
- Small quantities of drugs.
- No paraphernalia indicating drug sales (e.g., scales, baggies).
- No significant amount of cash on hand.
Possession for Sale: A More Severe Charge
Possession for sale is a far more serious charge and refers to possessing a controlled substance with the intent to sell it. Even if you aren’t caught in the act of selling drugs, possessing large quantities or certain items linked to drug sales (such as scales, baggies, or large sums of money**) can result in this charge under HS 11351.
Penalties for Possession for Sale:
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- Felony: Unlike simple possession, possession for sale is almost always charged as a felony.
- State Prison Sentence: Convictions can result in 2 to 4 years in state prison.
- Fines: Fines for possession for sale can be much higher, reaching up to $20,000.
- Probation: Depending on the circumstances, probation may also be imposed, but in many cases, the courts take a stricter stance on drug sales.
What Qualifies as Possession for Sale?
Prosecutors typically rely on evidence that suggests the drugs were intended for distribution rather than personal use. Several factors can lead to a possession for sale charge, including:
- Large quantities of drugs far exceeding personal use.
- Possession of packaging materials (e.g., baggies, small containers).
- Presence of digital scales, indicating weighing drugs for sale.
- Large sums of cash, especially in smaller denominations (such as $10 and $20 bills).
- Communications related to drug sales, such as text messages or phone calls discussing pricing and delivery.
Even if you were not caught in the act of selling drugs, circumstantial evidence like these can lead to a charge of possession for sale, which carries much harsher penalties than simple possession.
Key Differences Between Simple Possession and Possession for Sale
The most significant differences between simple possession and possession for sale relate to the intent behind having the controlled substance and the severity of the penalties involved.
- Intent: The key distinction is whether you possessed the drugs for personal use (simple possession) or intended to sell or distribute them (possession for sale). Even if you claim the drugs were for personal use, evidence like large quantities or sales-related items can still lead to a possession for sale charge.
- Penalties: Simple possession is usually treated as a misdemeanor and may result in drug diversion or rehabilitation instead of jail time. In contrast, possession for sale is a felony, often leading to prison time and hefty fines.
- Eligibility for Diversion: One of the critical differences is that individuals charged with simple possession may be eligible for drug diversion programs, such as PC 1000 or Prop 36, which can result in the dismissal of charges upon completion. However, individuals charged with possession for sale are not eligible for diversion and face harsher penalties.
Defending Against Possession Charges in California
Lack of Possession: You cannot be convicted of possession if the prosecution cannot prove that the drugs were yours. For example, if drugs were found in a shared space or in a vehicle with multiple occupants, you could argue that the drugs didn’t belong to you.
Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement officers conducted an illegal search without a warrant or probable cause, any evidence (including drugs) obtained during the search may be inadmissible in court.
Entrapment: If law enforcement induced or pressured you into possessing drugs, entrapment may be a valid defense. This occurs when officers or informants push someone into committing a crime they wouldn’t have otherwise committed.
Medical Marijuana: In cases involving marijuana, a defense may involve showing that the individual had a valid medical marijuana card, which provides legal protection for possession under California’s medical marijuana laws.
Insufficient Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If there is weak or insufficient evidence connecting you to the drugs or proving your intent to sell, your attorney can argue for dismissal or a reduced charge.
Each case is unique, and an experienced attorney can evaluate the facts of your case to determine the most effective defense strategy. Working with a skilled criminal defense attorney is essential for challenging possession charges and protecting your rights.
Contact a Drug Crime Attorney in Los Angeles Today
The difference between being charged with simple possession and possession for sale can mean the difference between drug treatment and years in prison. If you are facing drug charges in California, an experienced criminal defense attorney is essential to protecting your rights and achieving the best possible outcome. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against drug charges and helping them navigate California’s complex drug laws.
Schedule a Consultation:
- Phone: (310) 448-1529
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
We are conveniently located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to protect your future and explore your defense options.
