Marijuana Sale FAQs – California Health and Safety Code Section 11360

1. What is the difference with marijuana sale and possession for sale of marijuana?

Marijuana sale is charged when the marijuana has been sold. Possession for sale of marijuana is charged when the defendant is in possession of marijuana with the intent of selling it, but has not yet sold the marijuana. See our Possession for Sale of Marijuana section for more information.

2. Other than sales, what can the prosecution charge me for under California Health and Safety Code Section 11360?

Along with sales, it is also a crime to transport, import into California, furnish, administer, or give away marijuana. It is also a crime to offer to do any of the above listed crimes.

3. What if the minor told me he/she was over 18?

Having a good faith belief that a minor was over 18 years of age is not a defense.

4. What can I get my charges reduced to?

With the help of an experienced drug defense attorney, the attorney can get your case dismissed. If the case cannot get dismissed, the attorney can help you get a reduced charge for a lighter penalty. If charged with marijuana sale, possible reduced charges include possession for sale of marijuana and possession of marijuana. Possession of marijuana would be more favorable because you may be eligible to enter a drug treatment program under P.C. 1000 or Prop. 36. Read our Drug Diversion Programs section for more information.