Sale and Transportation for Sale of Marijuana (Health & Safety Code §11360)

Sale and Transportation for Sale of Marijuana (or "Transporting") is the unlawful sale, transportation for sale, importing into the State of California, furnishing, administering, or giving away of marijuana. Merely offering to do any of these things is also a violation of this charge.

Sale and Transportation for Sale of Marijuana is a felony if the amount involved is 28.5 grams or more. If the amount of marijuana involved is less than 28.5 grams, it is a misdemeanor.

If you or someone you care about is facing a drug or marijuana charge, the criminal defense attorneys at the Weinrieb Law Firm can help explain the charges and properly defend against them. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555.

Elements of a Sale and Transportation for Sale of Marijuana Charge

The prosecution must prove the following facts to convict a defendant of selling, transporting for sale, importing into California, furnishing, administering or giving away marijuana (the "prohibited acts"):

  • Prohibited Act Occurred – Defendant did one of the prohibited acts
  • Knowledge – Defendant knew that the substance was marijuana and the substance was in fact marijuana and not something else
  • Quantity – Defendant possessed an amount of marijuana that was enough to reasonably infer that it that it was to be sold or distributed for sale

The prosecution must prove the following facts to convict a defendant of offering to sell, import into California or transport marijuana:

  • An Actual Offer – Defendant actually offered to do one of the prohibited acts
  • Intent – Defendant intended to carry out the offer

Punishments for Sale and Transportation for Sale of Marijuana

Sale and Transportation for Sale of Marijuana is a felony if the amount involved is 28.5 grams or greater, and is punishable by 2, 3 or 4 years in state prison. The sentence may be increased if the sale or transportation involves a minor.

Sale and Transportation for Sale of Marijuana is a misdemeanor if the amount involved is less than 28.5 grams, and is punishable by a maximum fine of $100.

Drug treatment under Penal Code section 1000 or Proposition 36 are not available alternatives to incarceration when the charge is Sale and Transportation for Sale of Marijuana.

Defenses to a Sale and Transportation for Sale of a Marijuana Charge

Potential defenses to a Sale and Transportation for Sale of Marijuana charge will depend on the facts of the case, but may include:

  • Lack of Knowledge – Defendant was unaware that he possessed the marijuana: for example, another person placed the marijuana in Defendant's bedroom, vehicle or locker, etc.
  • Entrapment – Under California law, entrapment occurs when a "normally law abiding person" is induced to commit a crime, in this case sale and transportation for sale of marijuana, that he otherwise would not have committed
  • Unlawful Search and Seizure – Law enforcement found the marijuana as part of an unlawful search or seizure of Defendant's person or premises under his control
  • Lack of Intent to Carry Out an Offer to Sell – Defendant's offer to sell was made under duress, as a joke, or defendant otherwise lacked a true intent to carry out the offer

Contact Us

If you or someone you care about is facing criminal investigation or criminal charges of any type, please contact the criminal defense attorneys at the Weinrieb Law Firm. We can be reached twenty-four hours a day, seven days a week at (818) 933-6555, or through the confidential and secure email form on the firm's website at www.VWattorneys.com.

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