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What are the consequences of a “possession for sale” drug conviction?

On Behalf of | May 25, 2022 | Drug crimes

For some people, recreational use of drugs starts becoming an addiction. They may find themselves making bad decisions to support their habit. 

They may even start considering selling drugs as a way to make money. What are the consequences of a drug conviction in California?

Difference between “possession” and “possession for sale”

In California, “possession” means having a drug considered illegal according to California’s Health and Safety Code 11351. A “possession for sale” charge means the prosecution believes that the defendant intended to sell those illicit drugs, rather than use them.

They can base this on several factors, including the number of drugs found, whether they were packaged for sale and whether the defendant had any other drug paraphernalia (such as scales or baggies). If the prosecution can prove that the defendant had the intent to sell drugs, they will likely face more severe penalties than simply being charged with simple possession. 

If you are charged with intent to sell, it is crucial to understand the possible defenses that may be available to you, such as:

  • You did not actually intend to sell the drugs
  • You were not aware that the drugs were in your possession
  • You may be able to show that law enforcement entrapped you

Entrapment occurs when law enforcement uses coercion to get you to commit a crime. If you can show that you would not have committed the crime, but for the actions of law enforcement, this may be a successful defense. 

If you face such a charge, it is essential to consult with someone who can evaluate your case and advise you on the best course of action.