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Simple Drug Possession vs. Possession with Intent to Sell

Charges for drug possession are serious, and can be made even more serious if determined that there was an intent to sell them. That is why it is necessary to know the differences between simple possession and possession for sale, and hire a good San Diego drug crimes attorney who is capable of establishing best drug possession defenses.

The difference

Being in possession of controlled substances is against the law in the state of California. There are two types of possession charges – charges for simple possession, and charges for possession with the intent to sell.

Mere possession, that is possession without the intent to sell, means that the person charged with the crime had no desire to sell the drugs he or she was found in possession of.

In order for the charges for drug possession to be convictable, there are elements to a crime that have to be proven beyond reasonable doubt. 

These elements include knowledge of the nature of the drug in possession and the knowledge of its presence; Right of control over the controlled substance or the exercise of that right; Sufficient amount of that unlawful substance in possession.

These three elements are simply called knowledge, control, and dominion. Knowledge is the most important factor of mere drug possession charges. If knowledge about the possession of illegal controlled substances can be established, it means that charges can be raised.

As for establishing charges for possession of drugs with the intent to sell, it’s the second part of this crime that’s important – intent. This means that there should exist a state of mind for the selling or distributing these illegal substances to others.

Circumstantial evidence is usually used to establish intent to sell beyond a reasonable doubt. Also, testimonies from buyers and attempting to sell to police officers are also used as direct evidence when trying to prove intent to sell. And a sale doesn’t include just monetary transactions, but an exchange of any item of value for drugs.

Burden of proof for possession with the intent to sell

Simple possession and possession for sale are similar when it comes to the burden of proof needed by the prosecution to establish well-founded charges.

In order for prosecution to be able to secure a convicting sentence, they need to prove several elements of the possession with the intent to sell charge.

First, control. The person being charged with possession with the intent to sell exercised control over a certain amount of drug, or the person exercised the right to control a sufficient amount of drug.

Second, the person possessed the knowledge of the nature of a controlled substance, and the knowledge of the presence of that substance on his or her person.

Third, there needs to be a sufficient amount of a controlled substance that can be used for distribution.

Lastly, the prosecution need to prove that the person charged with possession with the intent to sell had expressed, through further action, the intent to sell controlled substances.

Aggravating factors in possession with the intent to sell cases

This is an area where simple possession and possession for sale differ, as there are some factors that can worsen a defendant’s claim in possession with the intent to sell cases.

These factors include large drug quantity, drug packaging, cash present on the person, measuring scales, the number of visitors at the person’s home, as well as the length of stay of those visitors.

If any or more of these aggravating factors are present in the case, it is highly likely that the prosecution will charge the individual with possession with the intent to sell, and not just simple possession.

We can provide the best defense for simple possession and possession for sale

Vik Monder of Monder Criminal Lawyer Group is the best defense attorney in the San Diego area. He is an experienced and committed professional, who is sure to provide the best possible defense in your drug possession case, be it with or without the intent to sell. Get familiar with the differences, then seek out our help!