Potential Sentences for California Marijuana Sales
Possession of marijuana and sale of marijuana are looked at very differently in the eyes of the law, and the subsequent fines/punishiments vary as well. The California Health and Safety Code §11360 prohibits a person from transporting, importing, selling, furnishing, administering, or giving away marijuana. You can be charged under the relevant section of the code if you are found attempting any one of those acts. Money does not need to change hands for you to be caught up in a violation of this law.
At Hoffman & Associates, we understand the intricacies of the California laws that cover the sale and possession of marijuana and will fight to protect your rights with a vigorous defense of the charges you face.Potential Sentences for California Marijuana Sales
The sentencing range for conviction of selling marijuana in California is established by legislation. In each case, the sentence handed down by the judge is determined by an analysis of several different factors. Prosecution and judges will not only examine the specific facts of each case, but they will also examine a person’s criminal history and background. It is important to understand the role any previous drug charges or convictions may play in the sentencing process.
A person who has several past convictions for drug offenses, or related charges, will face a higher potential sentence in a California marijuana case than a person who has a clean criminal record. Similarly, a person who was stopped with a small amount of marijuana in California will face a lower potential sentence than a person who was carrying an excessive amount.
The typical punishments someone faces who is charged with selling, transporting, or giving away marijuana in California is potentially two to four years in California state prison as well as a fine and probation.Aggravating Circumstances in Marijuana Cases
A variety of circumstances can increase the potential sentencing range for the sale or transport of marijuana in California. For example, selling or giving marijuana to a minor can constitute an increased sentence. If marijuana was sold or given to a minor between the ages of 14 to 18, the prison sentence will increase by 5 years. If marijuana was sold or given to a minor under 14 years of age, the prison sentence will increase by 7 years.Reducing Circumstances for Marijuana Charges
Compared to other controlled substances, the sale of marijuana in California is looked upon more leniently by the government. For example, if you are charged with transporting or giving away up to one ounce of marijuana, California courts will likely impose a fine of $100, especially if it is a first offense. The penalties you face can vary by county, and that’s why it pays to have a knowledgeable criminal defense attorney from Hoffman & Associates representing your interests when facing charges of marijuana sales in California.
We offer reasonable rates, more than 30 years of daily courtroom experience, and a consultation to discuss the specifics of your case. Contact us today and let us get started.