California Possession for Sale of Marijuana FAQs

1. Is it possible for me to be charged with possession for marijuana on top of possession for sale of marijuana?

You can be charged with both crimes if the prosecution feels they can prove that some of the marijuana was for personal use and some of the marijuana was for sale. It is not uncommon for people to be charged with both crimes. The prosecution will still have to prove the elements of both crimes to convict you of possession and possession for sale. Please read our Possession of Marijuana section for more information.

2. I had marijuana on me, but it was for personal use. Can I be charged with possession for sale?

Unfortunately, it is possible to be charged with possession for sale of marijuana even if you say the possession was only for personal use. The prosecution may choose to charge a defendant with possession for sale of marijuana if they feel there are facts to indicate that the defendant had an intent to sell. When making this decision, the prosecution can consider the amount of marijuana seized, whether packaging materials such as small baggies or containers were present, if large sums of cash were present, or whether drug paraphernalia such as a pipe was found. If, for example, a large amount of individually packaged marijuana was seized, the prosecution is likely to find an intent to sell.

3. Could I be facing more severe penalties for possession for sale of marijuana if I am being accused of selling or giving marijuana to a minor?

Yes. Under California Health and Safety Code Section 11361, if a defendant facing allegations of selling or giving marijuana to a minor is convicted, he/she is subject to imprisonment in state prison for a period of three, four, or five years. When coupled with Section 11361, the charge of possession for sale of marijuana is a lesser included offense, which means it is also charged but a conviction brings with it relatively lighter penalties.

4. What can an attorney do for me if the charges can’t get dismissed? Are there any lesser charges?

Having an experienced drug defense attorney can help you get a lesser charge. The attorney can negotiate with the prosecution and highlight any weaknesses in their case. The prosecution may fear losing in trial and offer a lesser charge. In most possession for sale cases, the lesser charge would be possession of marijuana under California Health and Safety Code Section 11357. This is an infraction and punishable by a fine of up to $100. However, you may also be eligible for a drug diversion program under P.C. 1000 or Prop. 36. This means that you can participate in a drug treatment program in lieu of going to jail. Please read our Drug Diversion Programs section for more information.