11351 HS Explained: Possession for Sale of Narcotics

California Health and Safety Code section 11351 makes it a crime to possess for sale, or to purchase for purposes of sale, certain controlled substances. It covers most of the same drugs as the simple possession section 11350, which include heroin, cocaine, and opiates. Cocaine base is the notable exception, discussed below.

This page covers what section 11351 says as published on the California Legislature's official site, what the prosecution has to prove under the state's jury instructions, and the punishment the section sets. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 11351 HS says

Section 11351 sits in Article 1 of the Uniform Controlled Substances Act's offenses chapter, titled "Offenses Involving Controlled Substances Formerly Classified as Narcotics." It is a single paragraph:

"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."

The section covers two acts: possessing for sale, and purchasing for purposes of sale.

Which drugs those schedules include

The section never names a drug. The names come from the schedules it points to:

• Heroin. Section 11054(c), the Schedule I opium derivatives, lists "(11) Heroin."
• Cocaine and opiates. Section 11055(b) lists opium and opiates and "(6) Cocaine, except as specified in Section 11054," and section 11055(c) covers opiates. Both are Schedule II.

Unlike section 11350, section 11351's list does not include paragraph (1) of section 11054(f), which is where cocaine base is listed. Possession for sale or purchase for sale of cocaine base is a separate section, section 11351.5, which this page does not cover. The same jury instruction, CALCRIM No. 2302, lists section 11351.5 alongside section 11351. The full schedules are in section 11054 and section 11055. Possession for sale of methamphetamine, listed in section 11055(d), is covered in our 11378 HS explainer.

What the prosecution has to prove

California's official jury instruction is CALCRIM No. 2302, "Possession for Sale of Controlled Substance (Health & Saf. Code, §§ 11351, 11351.5, 11378, 11378.5)," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant possessed a controlled substance.
2. The defendant knew of its presence.
3. The defendant knew of the substance's nature or character as a controlled substance.
4. When the defendant possessed the controlled substance, the defendant intended to sell it, or intended that someone else sell it.
5. The controlled substance was the substance charged (or, for a substance not listed in the schedules, an analog of it).
6. The controlled substance was in a usable amount.

The instruction defines selling as "exchanging" the substance "for money, services, or anything of value." A usable amount is "a quantity that is enough to be used by someone as a controlled substance," and "Useless traces [or debris] are not usable amounts."

The instruction's optional paragraphs say the People do not need to prove the defendant knew which specific controlled substance was possessed, that two or more people may possess something at the same time, and that a person does not have to hold or touch something to possess it if the person has control over it or the right to control it. It also says "Agreeing to buy a controlled substance does not, by itself, mean that a person has control over that substance."

This page summarizes the possession-for-sale instruction. The purchase-for-sale alternative in the statute is not covered by the elements above.

Penalties under 11351 HS

The section sets one punishment: "imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years." It gives no county-jail-only alternative, so on its text it is not a wobbler.

Penal Code section 17(a) defines a felony as "a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170."

Because 11351 specifies the term, Penal Code section 1170(h)(2) applies: "Except as provided in paragraph (3), a felony punishable pursuant to this subdivision shall be punishable by imprisonment in a county jail for the term described in the underlying offense."

Section 1170(h)(3) then says that where the defendant has a prior or current felony conviction for a serious felony under section 1192.7(c) or a violent felony under section 667.5(c), has an out-of-state prior with all the elements of one of those, is required to register as a sex offender, or receives an enhancement under section 186.11, "an executed sentence for a felony punishable pursuant to this subdivision shall be served in the state prison."

Section 1170(h)(4) adds that nothing in the subdivision prevents "other dispositions authorized by law, including pretrial diversion, deferred entry of judgment, or an order granting probation pursuant to Section 1203.1." This page does not cover whether any particular disposition is available for a 11351 charge.

Section 11395 and prior 11351 convictions

Proposition 36 added section 11395, the "Treatment-Mandated Felony Act," effective December 18, 2024. It does not change the punishment in section 11351. It makes possession of a hard drug punishable by county jail for up to one year or under section 1170(h) for a person with "two or more prior convictions for a felony or misdemeanor violation of" a list of sections that includes 11351. A prior 11351 conviction can therefore count toward that threshold. See the 11350 HS explainer for more on section 11395.

Related sections

• Health and Safety Code section 11350. Simple possession of the same group of substances. See our 11350 HS explainer.
• Health and Safety Code section 11378. Possession for sale of methamphetamine and other non-narcotic substances. See our 11378 HS explainer.
• Health and Safety Code section 11395. The Treatment-Mandated Felony Act. Official text.
• Penal Code section 1170. Subdivision (h) covers county jail felony sentencing. Official text.
• Penal Code section 17. Felony and misdemeanor definitions. Official text.

For how California sorts crimes into felonies and misdemeanors, see California felony and misdemeanor classes. Other statute explainers are in our statutes library.

Legislative history

The official history note for section 11351 reads: "Amended by Stats. 2011, Ch. 15, Sec. 152. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68." The note does not describe what the amendment changed. The text quoted on this page is the version published on the Legislature's site as of October 20, 2026.

What happens after an arrest for 11351 HS

A "11351" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the evidence and decides whether to file a possession-for-sale charge, a simple possession charge, a different charge, or nothing. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment.

Disclaimer

This page explains what California Health and Safety Code section 11351 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. A possession-for-sale case often turns on the evidence of intent, so anyone facing a 11351 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

What is 11351 HS in California?

Health and Safety Code section 11351 punishes possessing for sale, or purchasing for purposes of sale, the narcotic-type controlled substances it lists by schedule, which include heroin, cocaine, and opiates, and narcotic drugs in Schedules III, IV, and V.

Is 11351 a felony in California?

The section sets imprisonment under Penal Code section 1170(h) for two, three, or four years and no county-jail-only alternative. Penal Code section 17(a) defines a crime punishable under 1170(h) as a felony.

What is the sentence for 11351 HS?

Two, three, or four years under Penal Code section 1170(h). Under section 1170(h)(2) the term is served in county jail, except that section 1170(h)(3) sends an executed sentence to state prison for a defendant with certain prior or current serious or violent felony convictions, a sex offender registration requirement, or a section 186.11 enhancement.

What is the difference between 11350 and 11351?

Section 11350 is simple possession, punishable by county jail up to one year unless the person has certain priors. Section 11351 is possession for sale or purchase for sale, punishable under Penal Code section 1170(h) for two, three, or four years. The jury instruction for 11351, CALCRIM No. 2302, adds the element that the defendant intended to sell the substance or intended that someone else sell it.

What does the prosecution have to prove for possession for sale?

Under CALCRIM No. 2302, that the defendant possessed a controlled substance, knew of its presence and its nature as a controlled substance, intended to sell it or that someone else sell it, and that it was the charged substance in a usable amount.