Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Sale of a Controlled Substance

An accusation of selling or transporting a controlled substance in San Diego is not treated as a routine drug offense; it is a charge that prosecutors pursue as a trafficking-related felony, often carrying years of incarceration and consequences that can permanently alter a person’s future. These cases move quickly and frequently involve aggressive police tactics, confidential informants, surveillance, and searches that raise serious constitutional issues. Even before trial, a person may face custody exposure, asset seizure, and sentencing enhancements tied to drug quantity, firearms, or alleged involvement of minors. The legal stakes are high because the government does not need to prove a completed transaction in many prosecutions; an alleged offer to sell or intent to distribute can be enough.

San Diego Sale of a Controlled Substance Lawyer

Attorney Michael E. Cindrich, a former San Diego prosecutor with extensive courtroom experience, has spent years defending individuals accused of serious controlled substance offenses throughout San Diego County. This piece explains the governing statutes, how prosecutors attempt to prove intent to sell, the sentencing enhancements that can dramatically increase prison exposure, and the defense strategies a skilled San Diego sale of a controlled substance lawyer can use to decisively weaken or dismantle the government’s case before it ever reaches a jury.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and the city of San Diego.

For a free, confidential consultation, call (619) 262-2500.

Overview of Sale of a Controlled Substance Charges in San Diego

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California Laws on Sale of a Controlled Substance in San Diego

Selling, Furnishing, or Transporting Narcotics for Sale — California Health and Safety Code § 11352 makes it a felony to transport for sale, import into California, sell, furnish, administer, or give away certain narcotic controlled substances identified in the drug schedules referenced in the statute. The law also applies to offering to commit these acts and attempting to import or transport the drugs. Substances commonly prosecuted under § 11352 include heroin, cocaine, cocaine base, and fentanyl.

Under § 11352(a), punishment is imprisonment pursuant to Penal Code § 1170(h) for three, four, or five years. If the transportation occurs between noncontiguous counties within California, § 11352(b) increases the possible term to three, six, or nine years. Courts may also impose fines in felony drug sales cases. Although the statute emphasizes imprisonment, criminal defense sources frequently cite potential fine exposure of up to $20,000. In practice, judges often impose fines below the maximum, particularly in negotiated pleas or probationary sentences. The actual fine depends on the facts of the case, criminal history, and judicial discretion.

Selling, Furnishing, or Transporting Methamphetamine and Other Non-Narcotic Drugs for Sale — California Health and Safety Code § 11379 applies to methamphetamine and other Schedule III, IV, or V controlled substances that are not classified as narcotics. The statute prohibits transporting for sale, importing into the state, selling, furnishing, administering, giving away, or offering or attempting to commit those acts. Under § 11379(a), punishment is imprisonment pursuant to Penal Code § 1170(h) for two, three, or four years. When transportation occurs between noncontiguous counties, § 11379(b) increases the range to three, six, or nine years. Courts may impose fines in addition to imprisonment.

Possession of Narcotics with Intent to Sell — California Health and Safety Code § 11351 makes it a felony to possess certain narcotic controlled substances with the intent to sell them. A completed transaction is not required because the crime is based on possession combined with intent. Drugs covered under § 11351 include substances listed in the schedules referenced in the statute, such as heroin, cocaine, and fentanyl. A conviction carries imprisonment pursuant to Penal Code § 1170(h) for two, three, or four years. Courts may also impose fines in felony possession-for-sale cases.

Possession of Methamphetamine or Similar Drugs with Intent to Sell — California Health and Safety Code § 11378 prohibits possessing methamphetamine and certain other non-narcotic controlled substances with the intent to sell them. The prosecution must prove possession, knowledge of the substance, knowledge of its nature as a controlled substance, and intent to sell. Sentencing is imposed under Penal Code § 1170(h), and felony custody exposure generally follows the two-, three-, or four-year structure. Courts may impose fines as part of sentencing under § 11378, but fine amounts vary significantly and depend on judicial discretion and the circumstances of the case.

Selling or Transporting Cannabis Without Authorization — California Health and Safety Code § 11360 makes it unlawful to transport for sale, import, sell, furnish, administer, or give away cannabis except as authorized by law. Although adult recreational cannabis use is legal, unlicensed commercial activity remains criminal. For adults age 18 or older, punishment generally includes up to six months in county jail, a fine of up to $500, or both. The statute also allows felony punishment pursuant to Penal Code § 1170(h) for two, three, or four years in aggravated situations, including certain prior convictions, sales to minors, or transporting cannabis for sale out of state.

Possession of Cannabis for Sale Without a License — California Health and Safety Code § 11359 applies when a person possesses cannabis with the intent to sell it outside the lawful regulatory system. For adults 18 years or older, the offense is typically punishable by up to six months in county jail, a fine of up to $500, or both. However, felony punishment under Penal Code § 1170(h) may apply if aggravating circumstances exist, such as prior serious convictions or conduct involving minors.

Selling Drugs to a Minor or Using a Minor in Drug Sales — California Health and Safety Code § 11353 imposes severe penalties when an adult solicits, induces, encourages, or uses a minor to violate controlled substance laws, or unlawfully sells or furnishes specified controlled substances to a minor. A conviction under § 11353 is punishable by imprisonment in state prison for three, six, or nine years.

Armed Possession of Controlled Substances During Drug Sales Activity — California Health and Safety Code § 11370.1 applies when a person unlawfully possesses specified controlled substances, including cocaine, heroin, methamphetamine, or fentanyl, while armed with a loaded and operable firearm. Although § 11370.1 addresses possession rather than sale, it is frequently charged alongside sale-related offenses. A conviction carries two, three, or four years in state prison and makes the defendant ineligible for diversion or deferred entry of judgment.

Large Quantity Drug Sale Enhancements — California Health and Safety Code § 11370.4 provides additional prison terms when a person is convicted of certain sale or possession-for-sale offenses involving large quantities of heroin, cocaine, fentanyl, methamphetamine, or PCP. Depending on the substance and weight, enhancements can add three years and up to twenty-five additional years to a sentence. The weight allegation must be charged and proven true. These enhancements apply in addition to the base term imposed for the underlying offense.

San Diego Municipal Code Prohibiting Sale of Certain Synthetic and Novel Psychoactive Drugs — San Diego Municipal Code § 52.3303 makes it unlawful within the City of San Diego to manufacture, sell, offer to sell, distribute, or possess for sale certain Federal Schedule I drugs, novel synthetic drugs, and novel psychoactive drugs not already regulated under California law. Violations may also constitute a public nuisance under § 52.3306.

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Key Elements a Jury Must Consider in a San Diego Sale of a Controlled Substance Case

Act of Selling, Furnishing, or Transporting for Sale — In prosecutions under Health and Safety Code §§ 11352 and 11379, juries are instructed under CALCRIM No. 2300. To secure a conviction, the state must establish that the accused engaged in the unlawful distribution or transfer of a controlled substance, such as by providing it to another person, delivering it, administering it, moving it with the intent to sell, or bringing it into the country. The jury must also find that the defendant knew of the drug’s presence and knew of its nature as a controlled substance. When transportation for sale is alleged, the jury must determine that the defendant intended to sell the substance or intended that someone else sell it.

Possession with Intent to Sell — In cases charged under §§ 11351 and 11378, juries typically receive CALCRIM No. 2302. The prosecution must prove that the defendant possessed a controlled substance, knew of its presence, knew it was a controlled substance, and intended to sell it. Possession may be actual or constructive, meaning the person had control or the right to control the drug. The law does not require proof that the defendant knew the exact chemical name of the substance.

Usable Amount Requirement — Under the applicable CALCRIM instructions, possession-for-sale charges require proof that the substance was in a usable amount. A usable amount means enough to be used as a controlled substance, not merely useless traces or residue. Transportation-for-sale cases may also require proof of a usable quantity depending on how the charge is framed.

Special Findings for Enhancements — When prosecutors allege large drug quantities under § 11370.4, involvement of a minor under § 11353, or possession while armed under § 11370.1, the jury must make additional factual findings. These allegations must be proven beyond a reasonable doubt before enhanced penalties can be imposed.

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Defenses to Sale of a Controlled Substance Charges in San Diego

Lack of Intent to Sell — In many San Diego cases under Health and Safety Code §§ 11351, 11378, 11352, or 11379, the key dispute is whether the accused actually intended to sell. The prosecution must prove intent beyond a reasonable doubt, often relying on circumstantial evidence such as packaging, cash, or communications. If the evidence supports personal use rather than sales activity, the charge may be reduced or dismissed.

Illegal Search and Seizure by Police — Controlled substance sale arrests in San Diego often result from traffic stops, home searches, or searches of personal property. If law enforcement violated Fourth Amendment protections, the defense may seek suppression of the drugs or other evidence. Without admissible evidence, the prosecution may not be able to proceed.

Lack of Knowledge of the Drug’s Presence or Nature — California law requires proof that the defendant knew the substance was present and knew it was a controlled substance. In cases involving shared vehicles or residences, the defense may argue the drugs belonged to someone else or that the accused was unaware of them. A lack of knowledge can defeat sale-related charges.

Entrapment in Undercover Operations — San Diego drug investigations sometimes involve undercover officers or informants. Entrapment may apply if law enforcement induced a person to commit a sale offense they were not otherwise predisposed to commit. Courts examine whether the criminal conduct originated with police pressure rather than the defendant.

No Usable Amount of a Controlled Substance — Some sale-related offenses require proof that the substance was in a usable amount, as reflected in CALCRIM instructions. If only residue or an unusable trace was involved, the defense may argue that an essential element has not been proven.

Insufficient Evidence of a Sale or Offer to Sell — Prosecutors must prove the specific act charged, whether an actual sale, an offer, or transportation for sale. In San Diego cases relying on informants or ambiguous circumstances, the defense may argue that the evidence does not establish guilt beyond a reasonable doubt.

False Accusations or Mistaken Identity — Drug sale allegations may depend on unreliable witnesses, informants seeking leniency, or surveillance errors. Defense counsel may challenge credibility and identification to create reasonable doubt.

Challenging Sentencing Enhancements — When prosecutors allege large-quantity enhancements under § 11370.4 or aggravating factors involving minors under § 11353 or firearms under § 11370.1, the defense may dispute whether those allegations can be proven beyond a reasonable doubt. Successfully defeating an enhancement can significantly reduce sentencing exposure.

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Role of a San Diego Sale of a Controlled Substance Attorney

Immediate Case Assessment and Protection of Rights — The San Diego drug crime attorney quickly reviews police reports, search warrants, body camera footage, and lab results to identify weaknesses. Early action may include challenging bail, preventing improper questioning, and preserving surveillance or digital evidence before it disappears.

Challenging Intent to Sell Allegations — Drug sale charges often depend on circumstantial evidence such as packaging, cash, or text messages. The attorney analyzes whether the evidence truly supports intent to sell or instead suggests personal use, and prepares expert cross-examination where appropriate.

Filing Motions to Suppress Illegally Obtained Evidence — If law enforcement violated constitutional rights during a traffic stop, search, or arrest, the attorney files motions to exclude drugs, statements, or seized property, which can lead to dismissal or significant reduction of charges.

Defending Against Enhancements and Aggravating Factors — When prosecutors allege weight enhancements under § 11370.4 or involvement of minors under § 11353, the attorney challenges whether those allegations can be proven beyond a reasonable doubt.

Negotiating Strategic Resolutions in San Diego Courts — The attorney negotiates directly with local prosecutors to seek reduced charges, alternative sentencing, or probation when appropriate, while remaining fully prepared to take the case to trial if necessary.

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Frequently Asked Questions About Sale of a Controlled Substance Charges in San Diego

What is considered sale of a controlled substance in California?
Sale includes selling, offering, transporting for sale, furnishing, administering, or giving away controlled substances under §§ 11352 or 11379, even without completed exchange of money.

Is possession for sale different from simple possession?
Yes. Possession for sale under §§ 11351 or 11378 requires proof of intent to sell, while simple possession involves personal use without intent to distribute.

What are the penalties for selling drugs in San Diego?
Penalties typically include two to nine years imprisonment depending on statute, plus possible fines, probation conditions, and sentence enhancements for weight, firearms, or minors.

When should someone contact a San Diego drug sales lawyer?
A person should contact a San Diego controlled substance lawyer immediately after arrest or investigation, because early legal intervention can protect rights and influence outcomes.

How can a San Diego sale of controlled substance lawyer help?
A defense lawyer can challenge evidence, negotiate reductions, file suppression motions, and develop defenses tailored to San Diego courts, aiming to minimize custody exposure.

How does the prosecution prove intent to sell drugs?
Intent is usually proven through circumstantial evidence such as packaging materials, large quantities, scales, cash, text messages, or statements suggesting commercial distribution activity.

Can a drug sale charge be reduced or dismissed in San Diego?
Charges may be reduced or dismissed in San Diego if evidence is weak, searches were unlawful, or negotiations result in lesser offenses or alternative sentencing.

What should someone avoid saying after a drug sale arrest in San Diego?
After arrest, a person should avoid discussing the case with police or others, and instead request legal counsel to prevent statements being used against them.

What happens if a minor is involved in a drug sale case?
Involvement of a minor under § 11353 significantly increases penalties, potentially resulting in three, six, or nine years in state prison upon conviction.

Can large drug quantities increase the sentence?
Yes. Enhancements under § 11370.4 add additional prison years when drug weight exceeds specified thresholds, if charged and proven beyond reasonable doubt.

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Resources

California Health and Safety Code § 11352 (Sale or Transportation of Controlled Substances) — This section of the California Health and Safety Code explains the crime of transporting, importing, selling, furnishing, administering, or giving away certain controlled substances. It lists the substances covered, defines transportation as transport for sale, and sets out prison terms for violations. It also provides increased penalties for transporting drugs between noncontiguous counties and addresses liability for aiding and abetting or conspiracy.

California Health and Safety Code § 11379 (Sale or Transportation of Certain Non-Narcotic Controlled Substances) — This law covers the sale, transportation for sale, importation, or furnishing of specified controlled substances that are not classified as narcotic drugs. It identifies the drug schedules involved and sets out sentencing ranges. It also defines transportation as transport for sale and provides enhanced penalties for transporting drugs between noncontiguous counties. The statute allows prosecution under aiding and abetting or conspiracy theories.

CALCRIM No. 2300 (Sale of Controlled Substance) — This resource is a California jury instruction describing the elements the prosecution must prove for selling, furnishing, administering, giving away, transporting for sale, or importing certain controlled substances. It lists the required knowledge elements and, for transportation for sale, the intent element. It also includes definitions used in the instruction, bench notes for judges, and citations to supporting statutes and cases.

San Diego Municipal Code, Chapter 5, Article 2, Division 33 (Novel Synthetic Drugs and Novel Psychoactive Drugs) — This PDF contains a section of the San Diego Municipal Code addressing manufacturing, sale, distribution, possession, and related public nuisance rules for certain federal Schedule I drugs and specified novel synthetic or psychoactive drugs not otherwise regulated by state law. It defines key terms, identifies prohibited conduct, lists evidentiary factors that may be considered, and describes exclusions and liability provisions for property owners and responsible persons.

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Hire a Defense Attorney for Sale of a Controlled Substance Charges in San Diego County, CA

A conviction for Sale of a Controlled Substance can carry devastating penalties, including years in state prison, loss of civil rights, and a permanent record. The best way to protect your freedom, your future, and your reputation is to contact an experienced criminal defense lawyer as soon as possible.

Law Offices of Michael E. Cindrich, APC serve San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, and La Mesa, as well as San Diego proper.

Don’t wait to build your defense. Call Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.