California law makes it illegal to possess marijuana if you intend to sell it without a proper license. Under Section 11359 of the Health and Safety Code, simply having marijuana is not a crime, but having a high enough quantity of marijuana along with signs that you plan to sell it can lead to charges for possession for sale.
This law separates legal personal use from illegal selling. If you are caught with marijuana and the police believe you want to sell it, you could face serious penalties, including fines and jail time. An experienced lawyer can explain in more detail how the California Health and Safety Codes apply to your situation.
What Is Health and Safety Code Section 11359?
Health and Safety Code Section 11359 makes it a crime to possess marijuana with the intent to sell it without a license. This means that if you have marijuana and the police believe you plan to sell it, you can be charged under HSC 11359.
The key phrase is “possession for sale.” This doesn’t just mean having marijuana; it means having marijuana plus evidence that shows you want to sell it. This could include things like packaging materials, scales, or large amounts of cash.
This law is different from simple possession, which is covered under Section 11357. Simple possession means having marijuana only for your personal use, which is legal up to certain limits in California. Section 11359 applies only when there is proof that you intend to sell marijuana, which carries much more serious consequences.
Elements of the Offense
To charge someone under Section 11359, prosecutors must prove two main things. First, they must show that the person knowingly possessed marijuana. This means the person was aware they had marijuana with them.
Second, prosecutors must prove the person had the intent to sell the marijuana, not just use it personally. This is often harder to prove because intent is a state of mind.
Because intent can’t be seen directly, prosecutors rely on circumstantial evidence. This means they look at things like how the marijuana is packaged, whether the person has scales or large amounts of cash, or even text messages and phone calls that suggest selling. These clues help show the person planned to sell the marijuana rather than just use it themselves.
Legal Penalties Under HS 11359
Charges under Section 11359 can be either a misdemeanor or a felony, depending on the situation. For most adults with no prior criminal record, possession of marijuana for sale is usually charged as a misdemeanor. This means the penalties are less severe but still serious.
The charge can become a felony if certain conditions apply, such as:
- The person has prior serious convictions.
- The person is a repeat offender.
- The marijuana was sold or intended to be sold to minors.
If charged with a misdemeanor or felony under this section, the possible penalties include:
- Jail time can range from months to years.
- Fines that vary depending on the case.
- Probation or community service instead of or in addition to jail.
Legal Defenses to HS 11359 Charges
If you are charged under Section 11359, several common defenses might help your case. After learning all the details of your case, your attorney will determine which defense strategy would be most effective for your situation.
Lack of Intent to Sell
One of the strongest defenses against a charge under Section 11359 is proving that you did not intend to sell the marijuana you had. The law targets people who possess marijuana specifically to sell it, not those who have it for personal use.
If you can show that the marijuana was only for your use and not for sale, you may avoid conviction under this charge. This can be supported by factors such as the amount of marijuana being small, no packaging or sales equipment found, or no evidence of transactions.
Unlawful Search and Seizure
This means the police searched your person, home, or vehicle without a valid reason, such as a warrant or probable cause. If the search was illegal, any marijuana or evidence they found may be excluded from your case. Without this evidence, the prosecution’s case could fall apart. Protecting your rights against unlawful searches is an important part of your defense.
Mistaken Identity
You were wrongly accused of possessing marijuana for sale, and someone else is actually responsible. Sometimes, police or witnesses may confuse you with another person, or evidence may be linked to you by mistake. If you can show that you were not involved or that the evidence does not belong to you, this can help clear your name.
A Lawyer Can Help With CA Health and Safety Code Section 11359 Charges
If you are charged with possession for sale of marijuana under California Health and Safety Code Section 11359, this charge can affect many areas of your life, including your driving privileges. A DUI lawyer is experienced in handling cases involving drug-related offenses and can protect your rights if you face charges related to marijuana possession or sales.
Your attorney can also assist if your case involves driving under the influence of marijuana, which is a separate but serious offense. Working with a DUI lawyer can provide you with the legal guidance and defense strategies needed to navigate the complex laws around marijuana and avoid harsh penalties.
At Los Angeles DUI Lawyer, we help you get in touch with skilled attorneys who understand the details of your situation. This way, you can fully understand your case and make smart choices about how to move forward.
