Los Angeles Criminal Defense

Possession for Sale

Experienced Los Angeles Criminal Defense Attorneys know the crime of possessing a controlled substance for sale requires proof beyond a reasonable doubt you possessed the controlled substance and had the specific intent to sell it.

Experienced Los Angeles Criminal Defense Attorneys defend drug cases from different angles.

California court decisions do not even agree on what "specific intent to sell" means.

One view is that you need to possess the controlled substance with the specific intent to personally sell it.

The other, more popular view, is that you may be convicted of possession with intent to sell based on either intent to personally sell the drugs, or knowledge that someone else down the distribution chain will sell them.

Whether a substance is held for the purpose of sale may be established by the prosecution relying on expert testimony for such matters as the quantity, packaging, and normal versus individual use.

The District Attorney may try to base a conviction for possession for sale upon you being caught with more of a drug than a typical person would normally use in a relatively short period of time.

If the packaging is in a way that would be usual for a person who possessed the drugs for his or her personal use, the case gets weaker for the prosecution.

Los Angeles Criminal Defense Attorneys

It is important is understand the differences between the groups of drugs to determine the punishment because in California greater penalties are imposed for offenses involving substances called "narcotics" than for crimes involving substances formerly called "restricted dangerous drugs."

Possession for sale or purchase for purposes of sale of powder cocaine is punishable by two, three, or four years in state prison. But, possession for sale or purchase for purposes of sale of cocaine base is punishable by three, four, or five years in state prison.

Medical Marijuana Defense in California State Court: No person or primary caregiver in possession of a valid identification card shall arrested for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to the Medical Marijuana Program, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the Medical Marijuana Program.

If you face charges of possession for sale in State or Federal court, contact the Los Angeles Criminal Defense Attorneys with over 80 years of combined experience.