Cal. Codes » Health and Safety Code / DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT / CHAPTER 6. Offenses and Penalties / ARTICLE 1. Offenses Involving Controlled Substances Formerly Classified as Narcotics
California Codes

Cal. Health and Safety Code § 11351 (2026)

✓ current as of May 2026
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Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

Notes of Decisions
Cited in 41 cases (6 in the last 5 years), 1975–2025 · leading case: United States v. Miguel De La Torre-Jimenez, 771 F.3d 1163 (9th Cir. 2014).
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United States v. Miguel De La Torre-Jimenez, 771 F.3d 1163 (9th Cir. 2014). · cites it 6× “Applying the modified categorical approach, the district court concluded that Defendant’s prior conviction for possession of cocaine for sale, in violation of California Health and Safety Code section 11351, was for a “drug trafficking offense” under U.”
People v. Ogunmowo, 232 Cal. Rptr. 3d 529 (Cal. Ct. App. 5th 2018). · cites it 2× “Code, § 11352 ; count 1), possession for sale of a controlled substance ( Health and Saf. Code, § 11351 ; count 2), and two counts of conspiracy (§ 182; counts 3 & 4).”
United States v. Elmer Gomez-Alvarez, 781 F.3d 787 (5th Cir. 2015). · cites it 2× “The PSR based its recommendation on a prior conviction for possession for sale of a controlled substance in violation of California Health and Safety Code § 11351.”
People v. Rivera, 233 Cal. App. 4th 1085 (Cal. Ct. App. 2015). “In addition, Health and Safety Code section 11351 (the offense charged in count 1) was not amended by Proposition 47 and, as we shall explain, is not one of the offenses subject to recall and resentencing or designation as a misdemeanor under Proposition 47 and section 1170.”
People v. Leon, 181 Cal. App. 4th 943 (Cal. Ct. App. 2010). “Defendant and Rosas were charged by felony complaint filed December 31, 2008, with possession for sale of cocaine (Health and Saf. Code, § 11351; count 1), possession for sale of methamphetamine (Health and Saf.”
United States v. Daladier Murillo-Alvarado, 876 F.3d 1022 (9th Cir. 2017). “Conclusion California Health and Safety Code section 11351 is divisible as to its controlled substance requirement.”
United States v. Real Prop. Located at 6625 Zumirez Drive, 845 F. Supp. 725 (C.D. Cal. 1994). “At the time of the search, Wall and his son William Craig Wall (“William”) were arrested and charged with possessing cocaine for sale, a violation of California Health and Safety Code § 11351.”
People v. Wilks, 578 P.2d 1369 (Cal. 1978). “I An information was filed on July 15, 1975, in the South District of the Los Angeles Superior Court, charging appellant with two felonies, Health and Safety Code section 11351 (possession for sale of heroin) and Penal Code section 12021 (possession of a concealable firearm by a…”
People v. Zamora, 230 Cal. App. 3d 1627 (Cal. Ct. App. 1991). “) (8b) Health and Safety Code section 11351, to which defendant pled guilty, provides, "every person who possesses for sale or purchases for purposes of sale [specified controlled substances] shall be punished by imprisonment.”
People v. Parra, 99 Cal. Daily Op. Serv. 1419 (Cal. Ct. App. 1999). “On its face, Health and Safety Code section 11351 does not state that the defendant has to have the specific intent to sell the controlled substance personally, only that it be “ ‘for sale.”
People v. Powell, 91 Cal. Daily Op. Serv. 3812 (Cal. Ct. App. 1991). “II In pronouncing judgment the court stated, “[I]t is the judgment and sentence of this Court in that for the crime of violation of Health and Safety Code Section 11351, possession for sale of a controlled substance, rock cocaine, as contained in Count One of the Information,…”
Carmona v. Ward, 436 F. Supp. 1153 (S.D.N.Y. 1977). “Cal. Health and Safety Code §§ 11350, et seq.”
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