Possession For Sale of a Controlled Substance Sentencing – Health and Safety Code Section 11351

In 2010, the California state legislature passed a bill that now requires some state prison sentences to be served out in county jail. Before this change in the law was enacted, felony convictions were required to be served in state prison. Although the length of the sentence may remain the same, some felony convictions will be served out in county jail. These new measures were intended to solve the problem of over-crowding in state prisons.

Under this new law, if you are found to be in possession of a controlled substance with the intent to sell, you may be convicted and sentenced to serve time in county jail for two, three, or four years.

Under the prior law, you would have been required to serve parole after your release. However, as a result of recent changes in California sentencing laws, a felony conviction for California Health and Safety Code Section 11351 does not trigger any requirement to serve either parole or probation after your release. A maximum three-year probation requirement only applies to offenses requiring a 16 month, two or three year jail sentence.

The Health and Safety Code is intended to protect the citizens of California from the dangerous effects of a wide variety of controlled substances. Possession for sale of a controlled substance is controlled by California Health and Safety Code Section 11351. Health and Safety Code Section 11351 applies to all controlled substances whether or not they are illicit drugs or prescription pills.

Many of the controlled substances are also listed on the federal controlled substances list. This means that, in addition to state charges, if convicted of possession for sale of a controlled substance, you may also face federal charges.

In addition to fines and jail time, a conviction could affect your ability to get a job or even receive public benefits. See California Health and Safety Code Section 11351, 11351.5.

The attorneys at Wallin & Klarich have over 30 years of experience handling drug possession for sale cases. Our attorneys are well versed in state and federal laws and have the skills and expertise to provide you with the best possible defense in your case. If you or a loved one has been charged with a violation of Health and Safety Code Section 11351, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 or visit www.wklaw.com for more valuable information.