California Health & Safety Code 11359
Selling marijuana means exchanging the marijuana for money, services, or anything of value. California Health and Safety Code Section 11359 prohibits every person from possessing marijuana, except of cases provided of law. In this article we will discuss issues related to marijuana possession for sale in the state of California.
Marijuana means all or part of the Cannabis sativa L. plant, whether growing or not, including the seeds and resin extracted from any part of the plant. In addition, it includes every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
In order to convict the defendant of the marijuana possession for sale in California, the prosecution must prove the following elements of the crime:
1) The defendant unlawfully possessed marijuana;
2) The defendant knew of its presence;
3) The defendant knew of the its nature or character as a controlled substance;
4) The defendant had the intent to sell marijuana;
5) The defendant possessed marijuana;
6) The marijuana was in a usable amount.
The prosecutor has no obligation to prove that the defendant knew which specific controlled substance was under possession. It is sufficient to establish that the defendant was aware of the substance’s presence and that it was a controlled substance.
You can use various defenses for California Marijuana Possession for sale charges. It can occur different situation when the police arrests by mistake taking into consideration the large quantities of cash or huge amount of marijuana under the possession of arrested. However, your attorney will help you to choose the best defense in order to obtain the best possible outcome for you.
Example: you had a valid medical prescription, you did not know that it was drug, there was no control or it was only for moment control over the substance, there was no intent to sell the controlled substance, marijuana was for personal use and what to do if you are charged with marijuana possession for sale?
Nonetheless, California Health and Safety Code Section 11359 states severe penalties for breaking California Marijuana Laws. In order to better understand the charges of the crime depending on the specific circumstances of the offensive conduct, we invite you to have a look at the following table:
|Punishment for Marijuana Possession for Purpose of Sale|
|Sale – Any Amount||Felony||Up to 4 years||None|
|Any Sale to a Minor Over 14||Felony||Up to 5 years||None|
|Inducing and/or Utilizing a Minor||Felony||Up to 7 years||None|
Faced an accusation of marijuana possession for sale in California? The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We are a client-centered professional law firm. All information entrusted us will be confidential and private. You can always contact us in order to discuss your specific case and get your legal assistance.
You may file your request online, by telephone or by mail. 818-553-1000