Possession for Sale of Marijuana Prosecution
Possession for Sale of Marijuana Prosecution – California Health and Safety Code Section 11359
To prove that the defendant is guilty of possession for sale of marijuana, the prosecution must prove that:
- The defendant possessed a controlled substance;
- The defendant knew of its presence;
- The defendant knew of the substance's nature or character as a controlled substance;
- When the defendant possessed the controlled substance, he/she intended to sell it;
- The controlled substance was marijuana; AND
- The controlled substance was in a usable amount.
Possession means that a person has physical custody and control over the substance. The prosecution can satisfy this burden by proving that the substances were in a vehicle or home that belongs to you. Even if you did not personally buy the substances, or were not using the substances, the prosecution can still charge you with felony possession.
"Selling" means exchanging marijuana for money, services, or anything of value.
A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces or debris are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user.
The prosecution does not need to prove that the defendant knew which specific controlled substance he or she possessed, only that he or she was aware of the substance's presence and that it was a controlled substance.
