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HS 11351 - Possession of Controlled Substance for Sale

California Health and Safety Code section 11351 prohibits the possession of a controlled substance (such as methamphetamine, cocaine, fentanyl, etc.) for the purpose of sales.

 

To prove the sales, the prosecution must show that the defendant knowingly possessed the substance with the specific intent to sell it. This can be done through various forms of evidence such as eyewitness testimony, recorded conversations, text messages, or physical evidence such as the drug itself or other paraphernalia.

 

Additionally, expert witness testimony may be used to establish the nature of the substance, to link it to the defendant, and to opine whether the circumstances present sufficiently indicate an intent to sell rather than possess for personal use.

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