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California Marijuana Sales

California Health and Safety Code §11360 makes it unlawful for any person to transport, import into this state, sell, furnish, administer, gives away, or even offer to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport marijuana. This section of the Health and Safety code only pertains to marijuana. The sale of all other controlled substances is prohibited under California Health and Safety Code §11352.

How Does Prosecution Prove Their Case:

In order to find a person guilty of Marijuana sales, the government must prove that the person charged attempted to complete or did complete one of the prohibited activities. Prosecution proves this through observations gathered by officers. Officers may go undercover and pose as someone who is selling or buying drugs in order to catch someone in the act. They may also conduct a stakeout in an area known for selling drugs, and observe those engaged in the act of doing so.

It is important to note that the drugs do not have to actually be sold. An attempt or offer to do so, will still be enough to charge someone with Marijuana Sales in California.

Does a Medical Marijuana Prescription Reduce my Charge?

California Proposition 215, also known as the Compassionate Use Act of 1996 allows for marijuana to be used for medicinal purposes. A person may obtain a medical marijuana prescription if they qualify, after being diagnosed by a licensed physician in California. However, if a person is charged with Marijuana Sales, a medical marijuana prescription will not be a defense. A prescription only allows for the holder to have small amounts of marijuana in their possession, and under no means allows for it to be sold.