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Possession, Possession for Sale and Sales... Understanding the Differences Between these California Drug Offenses

By Neil Shous, Esq.

Three of the most commonly prosecuted California drug charges include possession of drugs, possession for sale and selling drugs. Possessing drugs is a relatively straightforward offense?if you possess illegal drugs (or even prescription drugs without a valid prescription) you are guilty of this offense. If you sell drugs to another person, you violate California?s drug sales law. It?s Health and Safety Code 11351 HS California?s possession for sales law that requires the most explanation. This is because Health and Safety Code 11351 HS California?s possession for sales law is an intent based crime?and intent can be very difficult to prove. Cops often rely on what is known as circumstantial evidence when they arrest suspects on this charge...continue to full post

Full post as published by California Criminal Defense Blog on February 04, 2011 (boomark / email).