Possession of Marijuana for Sale | Health and Safety Code 11359 |HS 11359

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lawstachesticker_vectorizedPossession of Marijuana for Sale | Health and Safety Code 11359 [HS 11359]

The Health and Safety Code 11359 states that anyone who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the California Penal Code. 

Possession. In order for the prosecution to convict certain elements must be proven beyond a reasonable doubt. The prosecution will need to show that you had “possession” of the drug. This does not necessarily mean physical possession in your hand. The prosecution need to prove only physical custody or control over marijuana. 

For Sale. The prosecution needs to show that the marijuana was intended for sale. Unfortunately, you can be charged with this crime even if the amount constitutes your personal consumption. The prosecution will make the determination by looking at the amount of marijuana, the packaging quality and quantity, the possession of personal smoking pipe, the amount of cash on the person, and other factors.

Punishment. The possession of marijuana for sale is a felony punishable with a sentence of 16 months, or 2, or 3 years in a county jail and a maximum fine of $10,000.

Defenses. There are number of defenses that can be raised such as a lack of possession or only temporary possession, you did not have the intent to sell, you had knowledge that the drug was a controlled substance. As any other crime, police must follow proper procedure when arresting a person. Failure to follow protocol by a police officer may become a viable defense.  

An experienced attorney may be able to negotiate you a plea deal where you will be charged for a simple possession of cannabis under HS 11357. HS 11357 carries a punishment of imprisonment in the county jail for a period of not more than 1 year or by a fine of not more than $500, or both. Under this charge, a person can also be eligible for a drug diversion program, where he/she must attend drug classes instead of being imprisoned in jail. 

Call experience criminal defense attorneys at Delicino & Vialtsin, LLP at 619-357-6677.

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