Legal Question in Criminal Law in California

Re: Quantity Needed For Sales Charge

Quantity alone does not always determine whether a defendant is charged with simple possession or possession for sales. A defendant who is found with a single dose (or even less) but who also has made an appointment to meet with a prospective buyer can be convicted of possession for sale. Other kinds of evidence can also establish the necessary intent.

Possession of a large quantity is enough by itself to establish an intent to sell, but if there is independent evidence of such an intent it doesn't matter how much methamphetamine the defendant has, provided that it is enough for a user to ingest. This is the minimum amount a defendant must have in order to be convicted; possession of mere residue is insufficient to support a charge of either simple possession or possession for sale.