Health & Safety Code § 11378 Possession of a Controlled Substance for Sale
Makes it a felony to possess specified controlled substances with the intent to sell them.
What the code actually says
11378. Except as otherwise provided in Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 of the Business and Professions Code, a person who possesses for sale a controlled substance that meets any of the following criteria shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code: (1) The substance is classified in Schedule III, IV, or V and is not a narcotic drug, except the substance specified in subdivision (g) of Section 11056. (2) The substance is specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d). (3) The substance is specified in paragraph (11) of subdivision (c) of Section 11056. (4) The substance is specified in paragraph (2) or (3) of subdivision (f) of Section 11054. (5) The substance is specified in subdivision (d), (e), or (f), except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f), of Section 11055. (Amended by Stats. 2013, Ch. 76, Sec. 110. (AB 383) Effective January 1, 2014.)
Read on leginfo.legislature.ca.govWhat a report needs to survive this charge.
Knowing the code is the easy part. Cases get kicked when the narrative never documents an element the prosecutor has to prove.
- All elements of simple possession
- Intent to sell, shown by quantity, packaging, or paraphernalia
- Indicia of sales such as scales, pay-owe sheets, or cash
- Expert opinion basis is documented
- Intent to sell rests on quantity alone with no other indicia
- Cash is seized but denominations and location are not recorded
- Phone or message evidence is described without a warrant reference
Abbreviated for reference. Report960 runs the full element and defect checklist against your narrative and quotes the exact passage behind every finding. This page is not legal advice.
Charges that travel together.
Every element, checked.Every finding, quotable.
Paste or upload your narrative and Report960 flags the possession of a controlled substance for sale elements you left undocumented, grounded in the verbatim statute above.