VISTA and San Diego Drug LAWYER

Health and Safety Code 11351 (HS): Possession With Intent to Sell

In California drug sales cases, the most crucial aspect is the intention of the person arrested. As any San Diego drug sales attorney will tell you, California law doesn’t define a specific amount of drugs necessary for a possession offense to become possession with intent to sell. You should only face standard drug possession charges under California Health and Safety Code section 11350 (HS) (or 11378 (HD) for possession for sale of meth), not sales charges, if you are in possession of any quantity of drugs meant for personal use.

Possession for Personal Use Vs. With Intent to Sell

One of the most common defenses for those accused of possession for sale, 11351 (HS) is the argument that you purchased the drugs not intending to redistribute them but get a bulk discount to make your drug habit more affordable. Claiming you did not intend to sell drugs but had them for personal use is beneficial because California drug possession laws allow those accused of simple possession to enter a drug diversion program, allowing them to keep the charge off their criminal record. On the other hand, those charged with drug sales under 11351 (HS) usually face felony charges.

While this defense sounds pretty basic, this strategy will become more if the prosecution has evidence indicating you must have had the intent to sell because:

• The quantity is too much for personal use
• You were seen selling a controlled substance to someone else
• You have a previous drug sales conviction on your record
• You possessed scales, packaging material, large amounts of unaccounted-for cash, unregistered firearms or documents that show how much buyers owe

There are many reasonable explanations for many of these types of evidence. For example, you might need a scale if you buy personal quantities of controlled substances regularly or frequently ship items for work. This is why the best

Anyone accused of this crime should immediately contact a skilled San Diego drug sales defense attorney. A lawyer will always encourage you to remain silent when facing 11351 (HS) charges to ensure you do not say anything that may later hurt your defense.

Guns and Drugs Don’t Mix

It’s worth noting that carrying a gun and any amount of drugs in public is a distinct crime under the law, punishable by up to four years in prison. It doesn’t matter if the controlled substances were for sale, only that you had cocaine, methamphetamine, heroin, PCP or a chemically similar drug such as crack.

Penalties for Drug Sales: 11351 (HS)

If you were caught in the process of selling or transporting a drug, you will almost always face felony charges under 11351 (HS), punishable by lengthy stays in state prison. The sentence may be increased in cases involving a notably high quantity of drugs —and the larger the quantity, the harder it is to argue that you had no intent to sell the substance. The penalties for drug sales with prior convictions for the same crime are particularly harsh and can result in lengthy prison terms.

While specific penalties vary based on the actual drug in question and the quantity, you will generally face a four-year prison sentence if you are convicted of drug possession for sale. Aside from being required to serve a prison sentence, fines and probation period, it’s worth noting that any cash or property seized related to these types of drug crimes will also be subject to forfeiture.

“Doctor Shopping” and Prescription Fraud: 11173 (HS)

America’s opioid drug epidemic still shows no signs of stopping, and it probably won’t as long as addicts can so effortlessly go to the doctor and get pills to feed their addiction. That’s why there is a major drive for police and prosecutors to work together to end prescription drug crimes such as “doctor shopping.” If you have been accused of a prescription drug crime, charged under California Health and Safety Code section 11173 (HS), speak with a San Diego prescription fraud attorney as soon as possible.

Prescription Drug Crimes by Addicts

This type of fraud can be committed by patients who are addicts or by doctors. Patients can commit prescription fraud many ways. They may steal a drug pad and forge fraudulent prescriptions. They may fraudulently tell a doctor about a condition they do not have or that is not as bad as they make it out to be to get a prescription. Or they may visit multiple doctors to obtain more than one authorization for their drug of choice.

Some of the most common drugs involved in prescription fraud cases are opiates (including Vicodin, Oxycontin, Oxycodone, Codeine, Percocet, Fentanyl and morphine), tranquilizers (including Valium, Ketamine, Klonopin and Xanax) and stimulants (including Adderall and Ritalin). When it comes to these charges, it does not matter which drug the addict seeks out, although possession of certain substances can result in additional drug charges.

Prescription Fraud by Doctors

When it comes to doctors committing fraud, this usually happens when a doctor willingly prescribes drugs to addicts with no valid medical needs in exchange for drugs or other payment, such as sexual favors. Sometimes doctors even get a reputation for offering this service and become known as a pill mill that addicts seek out to feed their addiction.

Penalties for Prescription Fraud

Whether a doctor or a patient commits it, prescription fraud can be a misdemeanor or a felony. A misdemeanor is punishable by up to one year in jail, whereas a felony charge can carry a prison sentence of up to 3 years. Doctors convicted of this crime may also lose their medical license, which makes it even more critical for health care professionals accused of this crime to fight the charge.

Defenses to Drug Crimes in San Diego

Your best defense to a drug crime allegation will vary dramatically based on the type of offense and your specific situation. As your attorney, I will help you determine the most robust defense for your situation, which may include your innocence, illegal search and seizure, circumstantial evidence, insufficient evidence, having a valid prescription, lack of knowledge or intent, and more.

Illegal Search and Seizure

Like any other type of crime involving the search and seizure of personal property, it is sometimes possible to fight this charge by arguing that the law enforcement officers who searched your property violated your 4th Amendment rights. In this case, your defense lawyer might argue that prosecutors cannot use evidence related to the illegal search against you, making it nearly impossible for the district attorney to secure a drug sales conviction against you.

Circumstantial Evidence

In many San Diego drug crimes cases, the available evidence is largely circumstantial, and the prosecution lacks sufficient evidence to prove the charges. For example, it is common for those suspected of drug production to be caught with chemicals used to create a substance such as methamphetamine, but no other evidence indicates that they intended to make drugs. When this happens, the prosecution may be unable to prove that the suspect was going to make a controlled substance.

This defense requires a good San Diego drug manufacturing lawyer because it is easy to say something that may harm your case. Similarly, if any of these ingredients are illegal to own without a valid license, you could be charged with possessing these substances. For example, it is unlawful to have large quantities of pseudoephedrine, which is used to make meth.

Insufficient Evidence

It is up to the prosecution to be able to prove your guilt beyond a reasonable doubt. If the DA doesn’t have enough evidence, then you should be able to win your case.

For example, in a drug paraphernalia case, the prosecution must show that you were in control of the paraphernalia, that you knew it was in your possession, and that it was intended to be used with drugs. If you gave someone a ride and they left a spoon covered in heroin residue in your car without your knowledge, you cannot be convicted of this crime. Similarly, if someone gave you an opium pipe and thought it was for use with tobacco, you cannot be convicted of possessing paraphernalia. Even if you own a shop that sells “rose tubes,” which are often used for smoking crack, you cannot be convicted unless the prosecution can show that you knew you were selling the item to persons who intended to use them for that purpose.

You Had a Valid Prescription

If the drug in question was prescribed to you as a valid medication, then you should be cleared of any possession charges, though you can still be charged with sales charges even with a valid prescription. Drugs that may be legally prescribed by a doctor, psychiatrist or dentist include substances such as Fentanyl, Ritalin, and even cocaine (though prescriptions for this drug are rare).

This defense can work in doctor shopping cases if you can show it was written for a legitimate purpose, although this does not apply in all situations. For example, if you went to five different doctors on the same day to obtain five different scripts, even if your condition was legitimate, you still committed fraud by getting multiple prescriptions. Unfortunately, it can be very easy to say something to the police that may harm your case, which is why it is critical that you do not say anything without your drug lawyer present.

Lack of Knowledge or Intent

Most drug crimes require the prosecution to prove you knew about the substance, and many also require they establish your intent, for example, in sales or trafficking charges. It can serve as strong criminal defense to claim you’re an unwitting accomplice. As an example, if you are roommates with someone who sells drugs and you didn’t know it, you are not guilty of sales or possession.

Negotiating a Plea Bargain

If the charges can’t be fully fought or dropped, your lawyer may negotiate a plea bargain so you can be charged with a lesser crime such as possession. Reduced charges may even leave you eligible to participate in a diversion program so you will end up with a clean criminal record.

Criminal Defenses That Will Not Work

Attorneys often advise the public not to speak to the police without their attorneys present. That is because the law is very complex, and when people attempt to defend themselves, they frequently say something that harms their case.

As an example, you cannot defend yourself against drug sales charges by arguing that you were only going to sell someone fake drugs because this is a drug crime under 11355 (HS). While this is a less severe charge than selling real drugs under 11351 (HS), you still shouldn’t say anything without speaking to a San Diego drug sales attorney first.

Similarly, while marijuana is now legal to possess and use in California, it is illegal to sell outside of a licensed dispensary. Selling marijuana to an adult is a misdemeanor. If you sell it, or even give it for free, to someone under 21, you will face felony charges punishable by up to four years in prison or even longer if the buyer was under 14.

On the other hand, it is legal to share and freely give marijuana to adults over 21, making this a strong defense against criminal charges if there is no evidence that the person receiving the marijuana paid for it or was underage. You can be charged with a felony for giving away other drugs for free, which is why it’s best to speak to police only with a San Diego drug sales lawyer present.