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Potential Consequences for a California Marijuana Possession for Sale

A potential sentencing range for marijuana possession for sale is established by California Health and Safety Code §11359. This section of the Health and Safety Code reads as follows:

“Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison.”

Since it’s quite common for a person to grow more than one marijuana plant, prosecutors in California jump to the conclusion that there is intent to sell. This may not be the case at all if someone is growing marijuana purely for recreational or medicinal use.

Potential Sentence for Marijuana Possession for Sale

A person charged with marijuana possession for sale may face up to three years in prison and/or a fine up to $10,000, or be put on probation. The final sentence is determined by the specific facts of the case and the person’s criminal background. For example, a person who has had previous convictions for the same or similar charges will face a harsher sentence than a first time offender. Anyone on probation will not only face a sentence for the marijuana possession for sale charge, but will also face a sentence for probation violation as well.

Is a Medical Marijuana Card a Defense?

California Health and Safety Code §11362.5 defines what is referred to as the Compassionate Use Act of 1996. This act allows someone who qualifies as a patient of a licensed physician to receive a medical marijuana prescription and possess medicinal marijuana for health purposes. Although the Act allows for certain amounts of marijuana to be in the possession of a cardholder, it does not allow for the sale of any marijuana that is obtained by the patient. The marijuana obtained must be strictly for personal consumption and use. Anyone who has a valid medical marijuana prescription, but is found to be selling marijuana will be charged accordingly.

How Can I Get My Marijuana Possession for Sale Case Dismissed?

Each case for marijuana possession for sale will be filed by the prosecution as a felony. The prosecutor makes a case by presenting facts that appear to be strongly in their favor. However, an experienced Los Angeles DUI and Criminal Defense Attorney has the knowledge to prepare an effective defense so that the facts weaken the prosecution’s case and strengthen a reduction or dismissal of the charges. If the case is reduced to a marijuana possession charge, there is the option of completing a drug diversion program. A drug diversion program allows a person to enroll and complete drug rehabilitation and education classes in order to get their case dismissed. Reduction or dismissal are always the ultimate goals for a professional DUI and criminal defense attorney to obtain.

The experienced criminal defense lawyers at Hoffman & Associates have more than 30 years of experience and are powerful advocates to have in your corner. We offer a phone or office consultation to discuss the facts of your marijuana possession for sale case, so call us today and let us fight for your rights.