Although marijuana has been made illegal for recreational use in California, there are still situations in which you can face criminal possession charges. Under CA Penal Code 11359, possession of marijuana for sale, you can be charged with a criminal offense for attempting to or selling marijuana under specific conditions. If convicted, you could find your entire future in jeopardy.
For this reason, you must take steps to clear your name of the charges against you. A reputable Los Angeles criminal defense attorney can help you find these allegations and other related offenses. When you call our office to schedule a confidential case assessment, learn about which defenses are most suitable for your case.
Elements of the Offense Under California Penal Code 11359
Under California Penal Code 11359, you can be convicted of possession of marijuana for sale if the prosecutor can show the elements of the offense are met as follows:
- The defendant was in possession of a controlled substance
- The defendant knew they were in possession of a controlled substance
- The defendant knew the marijuana was a controlled substance
- The defending attempted to sell marijuana without required marijuana sales licenses
- The controlled substance in question was marijuana
- The defendant was in possession of a usable amount of marijuana
Offenses Related to Possession of Marijuana for Sale
There are multiple offenses related to the possession of marijuana for sale under California Penal Code 11359. These include:
Simple possession Under California Penal Code 11357
You could face charges under CA PC 11357 if you were accused of possessing more than 28.5 g of marijuana or more than 8 g of marijuana concentrates. This misdemeanor is punishable by fines as high as $500 and up to six months in a California state prison.
Cultivation Under California Penal Code 11358
If you are accused of cultivating more than six marijuana plants, you could be charged with a misdemeanor, punishable by signs of high is $500 and as much as six months in a county jail.
However, registered sex offenders, individuals with serious violent felonies on their record, and anyone with two or more cultivation convictions could be charged with a felony. Felony-level cultivation penalties can reach as much as $10,000 in fines and three years in a California state prison.
Driving with Marijuana Under California Vehicle Code 23222(b)
Driving with an open container of marijuana is generally considered an infraction. This means you are not facing jail or prison but could be issued a $100 ticket.
Consequences of Possession of Marijuana for Sale in CA
Generally, possession of marijuana for sale is a misdemeanor offense. You could expect to be fined as much as $500 and spend up to six months in county jail if convicted.
However, there are certain circumstances in which you could be charged with a felony for marijuana possession with intent to sell. These include:
- The defendant attempted to sell marijuana to someone under the age of 18
- The defendant has 2+ prior misdemeanor convictions for possession of marijuana with the intent to sell
- The defendant has one or more serious violent felonies on their criminal record
- The defendant was convicted of a sex offense that requires they register as a sex offender
If convicted of a felony-level possession of marijuana with intent to sell, You could face up to three years in county jail and pay fines as high as $10,000.
Defending Yourself Against Charges Under CA Penal Code 11359
It is essential to consider how to approach your charges under California PC 11359. Sometimes, considering your alternatives to trial is better than planning to go to court. However, if you need to defend yourself in a trial, your LA DUI attorney is here to present a powerful strategy.
Alternatives to Trial
If you can work out a plea agreement or enter a drug diversion program, the criminal charges against you could be dismissed or dropped entirely.
Probation
In certain conditions, the district attorney may allow you to be placed on probation instead of serving jail time for a conviction under CA Penal Code 11359. However, you will need to agree to specific restrictions, including:
- Regular drug testing
- Meeting with the court to determine your progress
- Completing community service hours
- Paying restitution
- Participating in group therapy or mental health counseling
Pretrial Diversion
With a marijuana possession with intent to sell charge, you are not eligible for a drug diversion program. However, your DUI attorney could work with the district attorney to reduce your charges to a lesser offense, such as simple possession, making you eligible for a drug diversion program.
Potential Defenses
When you need to defend yourself in court, your lawyer will consider which defenses will most likely produce a favorable outcome. Examples of such defenses could include:
- Being the primary caregiver for someone who has a prescription for medical marijuana
- Having more significant amounts of marijuana to use recreationally with friends
- Lack of knowledge of the marijuana
- Having more significant amounts of marijuana for personal use
- Unlawful search and seizure
- You have a license to sell marijuana under Prop 64
These are just a few defenses that could be used to defend yourself against possession of marijuana for sale allegations under California Penal Code 11359. You can determine which defenses are most suited for your case when you contact your LA DUI lawyer to discuss your options further.
Get Help with Your CA Penal Code 11359 Possession of Marijuana for Sale Charges Today
When you face criminal charges under CA Penal Code 11359 for possession of marijuana for sale, the impact of a conviction could be felt across nearly every aspect of your life. If you hope to avoid the fallout, you must take proactive action with your defense.
Schedule your initial defense strategy session as soon as today, when you contact a dedicated Los Angeles criminal defense attorney to discuss your legal options further. Fill out our confidential contact form or call our office to begin working on your defense as soon as today.
