Possession of Marijuana for Sale (Health & Safety Code §11359)
Possession of Marijuana for Sale is the unlawful possession of marijuana with the purpose or intent of selling it and it is a felony.
A Defendant does not need to be caught in the act of selling marijuana to be charged with possession of marijuana for sale. The intent to sell may be inferred by facts such as the amount of marijuana possessed, the presence of cash, the presence of packaging materials such as baggies, or other possible facts that may lead to a conclusion that the marijuana was not just for personal use.
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 Possession of Marijuana for Sale Charge
The prosecution must prove the following facts to convict a defendant of Possession of Marijuana for Sale:
- Control – Defendant had physical "control" or the power to control the marijuana
- Knowledge – Defendant knew the marijuana was present
- Quantity – Defendant possessed an amount of marijuana that was enough to infer that it was for sale – a small quantity typically suggests that it was for personal use and not for sale
- Intent to Sell – Defendant possessed or purchased the marijuana with the specific intent to sell it or for someone else to sell it. Evidence of intent to sell may include the quantity of the drug; how it is packaged or the existence of packaging materials or a scale in the same location; the amount of money found on defendant or near the drugs; and the absence of paraphernalia such as a pipe, bong, vaporizer or rolling papers indicating personal use.
Punishments for Possession of Marijuana for Sale
Possession of Marijuana for Sale is a felony punishable by 16 months, two years, or three years in state prison.
Drug treatment under Penal Code section 1000 or Proposition 36 are not available alternatives to incarceration when the charge is Possession of Marijuana for Sale.
Defenses to a Possession of Marijuana for Sale charge
Potential defenses to a Possession of Marijuana for Sale charge will depend on the facts of the case, but may include:
- Lack of Intent to Sell – Insufficient direct or indirect evidence exists to show that the defendant intended to sell the marijuana
- Entrapment – Under California law, entrapment occurs when a "normally law abiding person" is induced to commit a crime, in this case possession of marijuana for sale, 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 Knowledge – Defendant was unaware that he possessed the marijuana: for example, another person placed the substance in Defendant's bedroom, vehicle or locker, etc.
- Lack of Possession – Defendant did not possess the marijuana: for example, Defendant was only present while other people used marijuana or Defendant only held the marijuana for use by another person
Contact UsIf 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.