The Difference between Possession of Drugs and Possession of Drugs for Sale Charges – California Health and Safety Code Section 11350 & 11351

By: Wallin & Klarich

How an Experienced Southern California Drug Defense Attorney Can Help You

If the police detain you for any reason and you are caught with drugs you may be charged with drug possession. But, if the police believe that you possessed the drugs in order to sell them, then that is a separate charge called “possession for sale.” What would give police the proof that you intended to sell the drugs as opposed to merely possess them for your own personal use? Some of the many factors include the amount of currency the defendant had at the time of arrest, the quantity of drugs possessed, whether the drugs were individually packaged, whether the defendant was in possession of drug paraphernalia, and whether the location where the suspect was arrested is a high narcotics sales area.

Although possession and possession for sale are both serious charges, there are many reasons why avoiding a possession for sale charge is critical. For example, many people charged with possession are eligible for a special diversion program that if successfully completed, could result in a dismissal of the charges altogether. These diversion programs are usually not available for possession for sale charges because those diversion classes are meant to help users, not sellers.

If you or a loved one has been charged with drug possession or sales, please don’t hesitate to contact the experienced drug defense attorneys at Wallin & Klarich. The Southern California possession of controlled substance for sale defense attorneys at Wallin & Klarich have been handling drug cases for more than 30 years and know how to aggressively attack the charges. Contact Wallin & Klarich today at (888) 280-6839 for an evaluation of your case, and visit us on the web at We will be there when you call.

Posted In: Criminal Defense