Drug Possession vs Possession for Sale

In a drug arrest there is one distinction that matters more than the substance, the quantity or anything else: is it possession, or possession for sale? Simple possession is now usually a misdemeanour where no bond is needed at all. Possession for sale is a felony, and the bail figure reflects that.

The two sides of the line

What pushes a case to the sales side

The allegation of intent to sell is usually built from circumstances rather than from an admission — quantity relative to personal use, packaging, scales, quantities of cash, and communications. Whether that inference is correct is a question for the case and for a defence lawyer. It is not a question the bail counter asks. Bail is set from the charge as recorded at booking, using the countywide schedule, before anyone weighs the evidence. That is why a family can look at the amount and feel it does not fit what they know.

Why this decides whether you need us at all

If the booking charge is simple possession, it is usually a misdemeanour, and California’s default for a misdemeanour is release on a notice to appear under Penal Code 853.6 — no bail amount, no bond. See cite and release. In Los Angeles County, many non-violent, non-serious arrests are additionally released before arraignment at $0 bail — see LA pre-arraignment release.

If the booking charge is possession for sale, it is a felony, the schedule figure is materially higher, and a bond is usually the relevant question. See felony bail and our general drug charges page.

The things that override the amount entirely

• A probation or parole hold. No bond releases someone held on one — see probation violation and parole violation holds.
• A Penal Code 1275.1 source-of-funds hold, which arises more often in alleged sales cases than in most other categories — see PC 1275 holds. Where a court has reason to believe the bail money was feloniously obtained, it may decline to accept it until the source is shown to be legitimate.
• Enhancements, including weapon allegations — see enhancements and bail.
• An immigration detainer, which a California bail bond cannot remove — see immigration holds.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required before release in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

The process around it

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, then our Orange County and Los Angeles County jail guides, and find an inmate.

Neither county’s Superior Court publishes a public city-by-city table assigning criminal cases to courthouses. The release paperwork names the courthouse, date and time, and it governs — see understanding your release paperwork and all courthouses.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, not by the arresting agency, and bail schedules are revised annually. Always confirm current details with the facility, the court, or a criminal defence lawyer. California bail license 1841014.