California Possession for Sale of Marijuana Defense Lawyers

Possession for Sale of Marijuana Penalty and Punishment – California Health and Safety Code Section 11359

A conviction for possession for sale of marijuana may result in a sentence in county jail for 16 months, or two or three years. See California Health and Safety 11359.

If you are convicted of a violation of Health and Safety Code 11359, you can face up to three years in county jail. Until recently a person convicted of this crime would face up to three years in state prison. However, the new law went into effect as of October 1, 2011.

Since this offense requires a jail sentence of either 16 months years, two or three years, the new law also eliminates the requirement for parole; however, you will still need to serve up to three years of probation, less the period of the jail sentence imposed.

For example: If you were convicted of this offense and sentenced to serve two years, you will be required to serve one year of probation following your release. This is because the maximum three years of probation was reduced by two years – the period of your two-years jail sentence.

Selling Marijuana in California – California Health and Safety Code Section 11360

California Health and Safety Code 11360 applies if you actually sell or offer marijuana to another person (as opposed to merely possessing it for the purpose of sale). If you are convicted under this statute, you may be facing a jail sentence for a period of two, three or four years in county jail.

Over 18 years of age and having a Minor sell/use Marijuana – California Health and Safety Code Section 11361(a)

Under California Health and Safety Code 11361(a), if you are over 18 years of age, you may be facing three, five, or seven years imprisonment in state prison if you:

• Sell or offer to sell marijuana to a minor
• Hire/employ/use a minor to unlawfully sell, prepare for sale, or peddle marijuana
• Give marijuana to a minor under 14 years of age
• Offer to give marijuana to a minor under 14 years of age
• Induce a minor to use marijuana

If you are found guilty of any of the above-listed actions, you may be required to serve your felony sentence in state prison.

Giving Marijuana to a Minor 14 years of age or older – California Health and Safety Code Section 11361(b)

Every person 18 years of age or over who actually sells or offers to give any marijuana to a minor 14 years of age or younger shall be punished by imprisonment in state prison for three, four, or five years. This is another charge that remains punishable by a state prison sentence. See California Health and Safety Code Section 11361(b).

Possessing Marijuana while driving and under 21 years of age – California Vehicle Code Section 13202.5

If you are caught in possession of marijuana while driving and are under the age of 21, the DMV will suspend your driver’s license for a year. If you do not have a driver’s license, the court will order the DMV to delay issuing a driver’s license to you for a year subsequent to the time you become legally eligible to drive. See California Vehicle Code 13202.5.

For all of the above reasons, it is critical that you retain an experienced drug crimes defense attorney to represent you when you are first accused of this or any drug offense. The experienced marijuana possession for sale attorneys at Wallin & Klarich can provide you with the best possible defense in your drug case. Call us at 888-749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.