Under this statute, possession of a controlled substance, with intent to distribute, is a felony. Although this section deals with the same controlled substances as California Health and Safety Code Section 11350, this statute differs in that it requires both possession and intent to distribute, to be convicted. As stated earlier, a person who possesses a controlled substance for personal use can very easily be charged with violating this statute, which is a far more grave offense. Further, defendants facing this charge are ineligible for the PC 1000 or Prop 36 diversion programs.
At Glew & Kim, the majority of our cases involve narcotics offenses, and we specialize in the nuances of narcotics laws, including medical marijuana, marijuana DUI, juvenile drug offenses, and federal drug offenses. We focus narcotics defense on obtaining treatment for our clients instead of incarceration.
If you or a loved one are facing charges for felony possession of a controlled substance, don't wait. Contact Glew & Kim for a free consultation regarding your case.
California Health and Safety Code Section 11351
"Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years."