Wallin & Klarich May Be Able to Get You Probation Instead of Jail Time for a Marijuana Sales Crime – Health and Safety Code Sections 11359, 11360

California law treats possession of marijuana for personal use differently than possession of marijuana for sale or the sale of marijuana. Unlawful possession of marijuana for personal use is either a misdemeanor or an infraction, depending on the amount of marijuana in your possession. This is much different from marijuana sales crimes.

What happens if you are caught with enough marijuana and with evidence that you intended to sell it, or you actually sold it? The stakes rise, and you could be facing as much as four years behind bars if you are convicted.

Let’s take a brief look at the different laws regulating marijuana in California…

Simple Possession of Marijuana (HS 11357)

If you obtain a valid medical marijuana ID card in California, you may legally possess up to eight ounces or more of marijuana.¹ Otherwise, Health and Safety Code 11357 makes it a crime to unlawfully possess marijuana for personal use. If you are caught with one ounce (28.5 grams) or less, you’ve committed an infraction and cannot be sent to jail. If you possess more than an ounce, you face a misdemeanor conviction punishable by up to six months in jail and/or a $500 fine.

First offense drug possession may qualify for drug diversion under:

• Proposition 36;
• PC 1000; and/or
• California drug court.

If you are eligible for drug diversion, and you successfully complete the drug program, you are also entitled to have your conviction reduced or dismissed.

Intent to Sell Marijuana (Health and Safety Code 11359 H&S)

Possession of marijuana with intent to sell it is a violation of Health and Safety Code 11359. A conviction is a felony and you can be sentenced to serve 16 months, or two or three years in county jail; a maximum fine of $10,000; or both a fine and imprisonment. “Intent” may be proven by evidence of the following:

• Large quantities of marijuana in your possession;
• Individual packaging, such as small plastic baggies;
• Large amount of cash in your possession;
• You were seen or arrested in an area known for drug trafficking.

Sales/Transportation of Marijuana (HS 11360)

Unlawful sales of marijuana, or transportation/distribution of more than one ounce of marijuana is a felony. You face up to four years in jail and/or a maximum fine of $10,000 if you are found guilty of violating HS 11360.

You are not eligible for drug diversion in a sales-related drug case.

Sentencing Options for Marijuana Sales Crimes

If you are convicted of a marijuana sales crime, a California court has discretion in determining your punishment depending on the circumstances of your case. The court has the following options at time of sentencing:

• Impose up to the maximum jail sentence authorized by law; or
• Grant probation with a condition that you serve up to one year in county jail; or
• Grant probation with no jail time, on the condition that you complete community service, a work release program and/or attend drug counseling; or
• Place you on formal probation and assign you a probation officer.

Wallin & Klarich Can Help You Get Probation for Selling Marijuana

If your experienced defense attorney from Wallin & Klarich determines that pleading guilty to a marijuana sales crime is your best option, we may be able to persuade the court to grant you probation instead of imposing a term of imprisonment. Getting you probation will depend on the following:

• The circumstances of the offense;
• Your prior criminal history, including satisfactory performance on probation, if any; and
• Any mitigating factors, such as:
  • You are legitimately employed;
  • You are the primary income earner for your household/family;
  • You are a parent with custody of dependent children;
  • You are enrolled in or attending school; and/or
  • You are participating or have completed a recognized drug program.

Additionally, a skilled criminal defense attorney may be able to convince the court that justice would best be served by allowing you to serve a term of probation rather than to serve a jail sentence.

Contact Wallin & Klarich Today to Find Out about Your Options

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has successfully represented clients facing marijuana sales-related charges in California for over 40 years. Drawing from extensive experience, our talented criminal defense lawyers will thoroughly review all of the evidence and develop an effective defense strategy specifically tailored to your case.

Often, we have been able to negotiate for probation, helping our clients avoid jail time. Successful completion of probation also entitles you to have your conviction reduced or dismissed. Our goal is to provide you with the best legal representation possible and help you get the best result possible in your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.

^{1. [Health and Safety Code § 11362.77]↩}