California Health & Safety Code §11351 — Possession for Sale
HS §11351 punishes possession of a Schedule I or II controlled substance with intent to sell. It is a straight felony carrying 2, 3, or 4 years in state prison, up to $20,000 fine, and severe immigration consequences. Unlike simple possession (HS §11350), §11351 is not eligible for Prop 47 reduction or standard PC §1000 diversion.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Possession for Sale Cases in All LA County Courts
01 — Quick Facts
HS §11351 — Possession for Sale at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Health & Safety Code §11351 — Possession for Sale |
| Code Type | Health & Safety Code (HS) |
| Classification | Straight Felony |
| Prison Term | 2, 3, or 4 years state prison |
| Fine | Up to $20,000 |
| Strike | No (not a serious/violent felony) |
| Probation | Discretionary — restricted by weight enhancements |
| Prop 47 | NOT eligible for misdemeanor reduction |
| PC §1000 Diversion | NOT eligible — sales offenses excluded |
| Immigration | Aggravated felony — mandatory deportation |
| Firearm Rights | Lifetime state and federal ban |
| If Charged | Call (213) 723-2337 — 24/7 free consultation |
01 — What Is HS §11351?
What Is California Code §11351?
HS §11351 Reads:
"Except as otherwise provided in this division, every person who possesses for sale (1) any controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f), of Section 11054, ... shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years."
— California Health & Safety Code §11351
HS §11351 targets possession-for-sale of the most heavily regulated drugs — cocaine, heroin, oxycodone, hydrocodone, fentanyl, and other Schedule I/II opiates and narcotics. It is a specific-intent crime: the prosecution must prove that at the moment of possession, the defendant intended to sell some or all of the drugs. Personal-use quantities without sales indicia do not support §11351 — they support HS §11350 simple possession.
§11350 vs. §11351 — The Sales-Intent Line
The prosecution proves sales intent through 'sales indicia' — quantity beyond personal use, packaging (individually-wrapped baggies), scales, pay-owe sheets, text messages, and expert testimony about street value.
§11350 — Simple Possession
Misdemeanor after Prop 47. Personal-use quantity, no sales indicia. PC §1000 diversion available.
§11351 — Possession for Sale
Straight felony. Sales-intent required. No Prop 47. No PC §1000 diversion. Aggravated felony for immigration.
Why This Law Matters
§11351 is the workhorse drug-sales felony in California. Because it is not eligible for Prop 47 reduction or standard PC §1000 diversion, the primary defense objective is either suppression under PC §1538.5 (excluding the drugs entirely) or pleading down to §11350 simple possession or PC §32 accessory. Weight-based enhancements under HS §11370.4 can add 3–25 years for quantities over 1 kilo cocaine or 3 kilos heroin.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under HS §11351
To convict under HS §11351, the prosecution must prove each element beyond a reasonable doubt (CALCRIM 2302).
You Possessed a Controlled Substance
Actual possession (on your person) or constructive possession (dominion and control in a shared area). Fleeting or transitory possession may not qualify.
You Knew of the Substance's Presence
The prosecution must prove you knew the drugs were where they were found. Mere proximity is not enough.
You Knew the Substance's Nature As a Controlled Drug
You had to know or reasonably should have known that the substance was a controlled drug — not just a powder or pill.
You Possessed the Substance With Intent to Sell
The specific-intent element — proven by sales indicia (quantity, packaging, scales, text messages, cash, pay-owe sheets). Personal-use quantities defeat this element.
The Substance Was in Usable Amount
A trace amount insufficient for consumption does not satisfy §11351. There must be enough substance to be sold or consumed.
04 — Penalties
Penalties for HS §11351 Possession for Sale in California
§11351 exposure escalates rapidly with weight enhancements and prior-conviction enhancements. Most convictions carry mandatory prison unless probation is granted.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Base §11351 | HS §11351 | 2, 3, or 4 years state prison | Discretionary | No |
| §11351 + 1 kg Cocaine/Heroin | HS §11370.4(a)(1) | +3 years consecutive | Prohibited | No |
| §11351 + 4 kg | HS §11370.4(a)(2) | +5 years consecutive | Prohibited | No |
| §11351 + 10 kg | HS §11370.4(a)(3) | +10 years consecutive | Prohibited | No |
| §11351 + 20+ kg | HS §11370.4(a)(4) | +15 years consecutive | Prohibited | No |
| §11351 + Prior HS Conviction | HS §11370.2 | +3 years per prior | Prohibited | No |
Common §11351 Enhancements
Weight Enhancement
HS §11370.4
Adds 3, 5, 10, 15, or 25 years consecutive based on drug weight — 1kg, 4kg, 10kg, 20kg, and 40kg thresholds.
Sales Near School
HS §11353.6
Adds 3–5 years for sales within 1,000 feet of a school, or involving minors.
Sales to Minors
HS §11353
Substantive felony — 3, 6, or 9 years prison when substance is furnished to a person under 18.
Firearm Use
PC §12022(c)
Adds 3, 4, or 5 years consecutive when defendant is personally armed with a firearm during possession-for-sale.
Prior Drug Convictions
HS §11370.2
Adds 3 years per prior conviction under §11351, §11352, §11378, §11379, or §11379.6.
Fentanyl-Specific Enhancement
HS §11351.5
Fentanyl-based possession-for-sale can trigger enhanced sentencing under evolving CA legislation.
Beyond the Sentence
- Aggravated felony — mandatory deportation and permanent bar to reentry for non-citizens
- Lifetime state and federal firearm ban
- Federal student loan and grant ineligibility under 20 U.S.C. §1091(r)
- Public housing and Section 8 disqualification under 42 U.S.C. §1437
- Professional license discipline (medical, nursing, pharmacy, teaching)
- Driver's license suspension on transportation-related sales (VC §13202)
- Asset forfeiture — cash, vehicles, and property tied to sales
- Federal referral risk — DEA and USAO commonly adopt state cases with 5-kilo+ evidence
Sentencing References
05 — Defense Strategies
How Rubin Law Defends HS §11351 Possession for Sale Charges
Because §11351 is not diversion-eligible, the entire case turns on suppression, sales-intent challenges, and negotiated reduction to §11350 or accessory statutes.
Fourth Amendment Suppression
PC §1538.5 motions to suppress drugs seized in illegal searches routinely dispose of §11351 cases — the drugs ARE the case. Common grounds: no probable cause for stop, defective warrant, over-broad scope, non-consensual search, no vehicle exception.
PC §1538.5
No Sales Intent — Personal Use
Where quantity, tolerance, and absence of sales indicia (no baggies, no scales, no cash, no communications) support personal use, we push the case down to §11350 simple possession — which IS PC §1000 diversion-eligible.
CALCRIM 2302
No Knowledge / No Possession
Shared-vehicle, shared-residence, and multiple-defendant cases raise reasonable doubt about who possessed and knew. Absence of fingerprints, DNA, and mail correspondence defeat possession.
CALCRIM 2302
Miranda / Coerced Statement
Custodial statements admitting sales intent or ownership can be suppressed for Miranda or voluntariness violations — often eliminating the strongest sales-intent evidence.
Miranda v. Arizona
Confidential Informant Motion
Where the case relies on a CI, we move under Evidence Code §1041 for disclosure of identity and challenge reliability under Aranda-Bruton. CI cases frequently collapse when identity is compelled.
Evidence Code §1041
PC §1001.36 Mental Health Diversion
Where addiction relates to a qualifying mental-health condition, mental-health diversion is available even on §11351. Dismissal on completion.
Proposition 36 (PC §1000.36) — For Personal-Use Cases
Where §11351 is negotiated down to §11350 or §11377, Prop 36 treatment-based diversion becomes available — no conviction, no record.
PC §1000.36
Constitutional Sources
07 — Court Process
How HS §11351 Possession for Sale Cases Move Through Los Angeles Courts
§11351 cases proceed as straight felonies with preliminary hearings. Search-and-seizure litigation dominates the pretrial phase.
- 1
Step 1 — Arrest & Booking
Bail on §11351 varies widely — $30,000–$500,000 depending on drug type and quantity. LA County uses the drug-court bail schedule as a starting point.
- 2
Step 2 — Arraignment
Charges read, plea entered. Bail advocacy is critical — asset-forfeiture proceedings may be initiated concurrently.
- 3
Step 3 — Preliminary Hearing
Within 10 court days for in-custody defendants. We cross-examine narcotics officers and DEA/task-force witnesses. Chain-of-custody and sales-indicia expertise are attacked.
- 4
Step 4 — PC §1538.5 Suppression
The primary defense weapon. Suppression motions are typically the case's decisive event — winning suppression collapses the prosecution.
- 5
Step 5 — Pretrial Motions & Discovery
Pitchess motions on officer records, CI disclosure motions under Evidence Code §1041, lab-analyst confrontation motions, and PC §995 dismissals.
- 6
- 7
Step 7 — Trial & Sentencing
Jury trial on possession, knowledge, and sales intent. Sentencing considers weight enhancements, prior-drug enhancements, and mitigation.
Los Angeles Courts That Handle HS §11351 Possession for Sale Cases
§11351 felonies are prosecuted in LA County felony trial courts based on incident location.
Clara Shortridge Foltz Criminal Justice Center
Downtown LA — houses the DA's Major Narcotics Division for large-scale §11351 filings.
Van Nuys Courthouse West
San Fernando Valley felony narcotics calendar.
Long Beach Courthouse
South Bay and port-adjacent drug cases.
Compton Courthouse
South LA felony narcotics docket.
Pomona Courthouse South
East LA and San Gabriel Valley felony narcotics.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Possession for Sale Defense Attorney
Daniel S. Rubin has defended clients charged with possession for sale and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under HS §11351 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Possession for Sale Cases Throughout LA County
09 — FAQs
HS §11351 Possession for Sale Questions — Los Angeles
What is the difference between HS §11350 and HS §11351?
§11350 is simple possession — misdemeanor under Prop 47 with PC §1000 diversion available. §11351 is possession WITH intent to sell — a straight felony with no Prop 47 reduction and no standard PC §1000 diversion. The line is proof of sales intent — established through quantity, packaging, scales, cash, text messages, and expert testimony about street value.
How does the DA prove intent to sell?
'Sales indicia' — quantity beyond personal use, individually-wrapped baggies, scales, pay-owe sheets, cash in small denominations, text messages about drug transactions, and expert-witness testimony from narcotics officers about typical dealer conduct. Every one of these is contestable.
Is HS §11351 eligible for PC §1000 diversion?
No. PC §1000 is limited to nonviolent personal-use offenses under enumerated statutes — §11350, §11364, §11365, §11377, §11550, and marijuana offenses. Sales offenses under §11351 are categorically excluded. However, PC §1001.36 mental-health diversion may be available where addiction relates to a qualifying diagnosis.
Can HS §11351 be reduced to a misdemeanor?
Not directly — §11351 is a straight felony with no wobbler status. But negotiated pleas to §11350 (simple possession, Prop 47 misdemeanor), PC §32 (accessory-after-the-fact, wobbler), or conspiracy misdemeanor achieve equivalent results. This is the standard path to avoiding aggravated-felony immigration consequences.
How does §11351 affect immigration status?
§11351 is a categorical aggravated felony under INA §101(a)(43)(B) — mandatory deportation, permanent bar to reentry, and ineligibility for cancellation of removal, asylum, and most immigration relief. Non-citizens face permanent exile on conviction. Never plead without immigration-informed counsel. Reduction to §11350 or PC §32 preserves relief.
Are personal-use quantities enough to be charged with §11351?
No. Personal-use quantities without sales indicia support only §11350 simple possession. However, DAs frequently over-charge §11351 based on quantity alone, betting on plea leverage. We defeat these filings by presenting evidence of tolerance, personal-consumption timelines, and absence of any sales indicia.
What is the mandatory minimum sentence for HS §11351?
None — §11351 permits probation with credit-for-time-served if the court finds unusual circumstances or the interest of justice supports probation. However, weight enhancements under HS §11370.4 prohibit probation once weight thresholds attach (1 kg cocaine/heroin = +3 years mandatory).
Can HS §11351 be expunged?
Yes if probation was granted and successfully completed — PC §1203.4 expungement. If a state-prison sentence was imposed, expungement is not available under §1203.4 but PC §1203.42 may apply for realignment-eligible cases. Expungement does NOT restore federal firearm rights or reverse immigration consequences.
Available 24/7 — Free Consultation
Charged with HS §11351 Possession for Sale?
Aggravated-felony filings threaten prison, firearm rights, and immigration status. Rubin Law, P.C. pursues suppression, sales-intent challenges, and §11350 reductions. Call (213) 723-2337.