Marijuana Sale Penalty and Punishment – California Health and Safety Code Section 11360

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 will still 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 older 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 court 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.