While Proposition 47 reduced simple drug possession under Health & Safety Code § 11350 to a misdemeanor, allegations of sales under HS § 11351 remain severe, non-divertible felonies.

1. Simple Possession vs. Sales Indicia

• Constructive Possession Defense: Proving the defendant had neither physical dominion nor knowledge of the contraband discovered in shared spaces or vehicles.
• Challenging Sales Indicia: Disproving intent to sell based solely on quantity by demonstrating personal consumption patterns, absence of packaging materials, and lack of customer ledgers.