Legal Question in Criminal Law in California

Possession for sales (11378) is NOT one that is eligible for either PC 1000 or prop 36. 11379 *might* be if it was transportation for personal use. If it's alleged as sales (as in the actual sale), then it's not eligible either.

Which is better? Both carry the same sentencing range, both can be used as priors against you in the future (if convicted of a similar sales offense in the future, the prior can add 3 years) and both have the same immigration and moral turpitude issues.

So - from a legal standpoint, they're the same. If push came to shove, I suppose a generically worded 11379 transportation would be slightly less "bad" sounding, but it depends on what context you're trying to lessen the impact. When divulging to employers or other people you're trying to impress? Possession for sales = drug dealer. Transportation of drugs = either you got caught driving with your dope in your pocket or you're a mule.

Neither of those charges would qualify you for the Deferred Entry of Judgment program under Penal Code section 1000. Prop. 36 is usually given for possession for use, and not possession for sale or importation for sale charges.

I don't think either of the two charges are "better" from any standpoint.