The crime of possessing a drug for sale requires proof by the prosecution that the person possessed the drug and had the specific intent to sell it.
Whether a substance is held for the purpose of sale may be established by expert testimony based upon such things as the quantity of the drugs possessed and how the drugs were packaged.
A charge of possession for sale may be based upon a person being caught with more of a drug than he or she would normally use in a relatively short period of time.
Also if the substance is packaged in a way that would be unusual for a person who possessed it for his or her personal use that person may be charged with drug possession for sale.
If a person legally obtained a controlled substance with a doctor's prescription, more evidence is required to show possession for sale than if the drug had been obtained illegally. For example, a quantity of a drug that would be sufficient to prove possession for sale if obtained illegally is not sufficient in itself to prove that drug crime if the substance was obtained by prescription.
Punishment for Drug Possession for Sale
Possession for sale or purchase for purposes of sale is punishable by two, three, or four years in prison.
Possession for sale or purchase for purposes of sale of cocaine base (crack cocaine) is punishable by three, four, or five years in state prison.
Often times a charge of drug possession with intent to sell is difficult to prove and an experienced criminal defense lawyer can help a person charged with drug possession for sales avoid a conviction and jail time. If you are arrested for drug possession for sale the best thing you can do for yourself is hire an experienced criminal lawyer to defend your rights. Contact our Los Angeles drug possession attorneys today.