California law makes it unlawful to possess marijuana for sale. Possessing marijuana for personal use is lawful for adults as long as they follow the regulations. However, the legalization does not eliminate the charges related to the controlled substance. If you possess marijuana with the intention to sell, you can face an arrest and criminal charges under HSC 11359. To convict you of this offense, the prosecutor must prove all the elements of the crime.
HSC 11359 can result in felony or misdemeanor charges. Factors that could affect the nature of your charges include the quantity of the substance you possessed and your criminal history. A conviction under HSC 11359 results in severe legal and collateral consequences.
After serving your jail or prison sentence, the conviction can remain on your record. Having a conviction on your record can affect your personal and professional life. If you or a loved one faces charges under this statute, you will benefit from the expert legal insight we provide at CCLG: Los Angeles Criminal Attorney.
Understanding California Health and Safety Code 11359
Marijuana is legal in California under specific rules. Adults who are 21 years or older can legally possess marijuana for personal use. You can have up to one ounce of marijuana and up to eight grams of concentrated cannabis. Also, you can grow up to six marijuana plants at home for personal use.
However, marijuana is still illegal in certain situations. In California, possession of marijuana with the intention to exchange it for something valuable is a crime charged under HSC 11359. To convict you of this offense, the prosecutor must prove several legal elements. They include:
You Possessed Marijuana
The first element that a prosecutor must prove is that you possessed the controlled substance. Under HSC 11359, possession can either be actual, constructive, or joint, depending on the circumstances. “Actual possession” means the marijuana was found on you. Constructive possession means the marijuana was in a place you controlled.
You could also be charged for joint possession if you controlled the substance alongside another person. You do not need to be the only person with access. Joint possession is enough to establish this element.
You Knew the Marijuana Was Present
The prosecution must prove that you knew the marijuana was present. You cannot be guilty if you were unaware of its presence. If, for example, someone else placed marijuana on your property without your knowledge, this element may not be met. The prosecution will demonstrate your awareness through your actions during the arrest or your behavior.
You Knew the Substance Was Marijuana
You must have known that the substance was marijuana for you to be found liable under HSC 11359. You do not need to know its exact weight or quality. If you believed the substance was legal or something else, you can challenge this element.
The Marijuana Was in a Usable Amount
The prosecution must prove that you possessed a usable amount of marijuana. Residues or debris from the substance may not constitute a sufficient amount to satisfy this requirement. A usable amount does not need to be large. Even a small quantity can qualify if it can be consumed or sold. The focus is on whether the substance has practical value.
You Possessed the Marijuana With the Intent to Sell
Your intent to sell marijuana separates this offense from simple possession of the drug. The prosecution must prove that you acted with the intent to sell. Prosecutors can prove this intent using circumstantial evidence. Some of the factors that may point to sales include:
- Large quantities of the substance
- Separate packaging
- Digital scales
- Large amounts of cash alongside the drugs
- Text messages from potential customers
The prosecution can establish your liability for this offense without requiring you to complete a sale. The alleged intent alone can support the charge.
The Sale Was Intended to Be Unlawful
California allows limited marijuana sales under strict laws. The prosecution must prove your intent to sell marijuana illegally. Selling without a proper license can support this element.
Sentencing and Punishment Under Health and Safety Code 11359
Possession of marijuana for sale is classified as a wobbler offense. In California, a wobbler can result in either felony or misdemeanor charges, depending on the circumstances. As a misdemeanor, possessing cannabis for sale can result in the following penalties:
- Up to 1 year in county jail
- Fines can go up to $1,000
- Misdemeanor probation
As a felony, possession of cannabis for sale is punishable by:
- 2, 3, or 4 years in jail
- Fines that do not exceed $10,000
- Felony probation
Aggravating Factors for an HSC 11359 Conviction
In California, aggravating circumstances are factors that make your actions severe. The presence of these factors in your case may result in more severe and lasting consequences. Common aggravating factors for a conviction for possessing cannabis for sale include:
Selling Near Schools or Parks
Selling marijuana near schools, playgrounds, or parks is considered a serious offense. The law aims to protect children and the community. Selling within a certain distance of these locations can result in additional jail time. Even small amounts can result in harsher penalties if this factor applies.
Selling to Minors
California law is strict on individuals who entice minors to commit crimes. Selling marijuana to minors is a serious violation that can enhance your penalties. This factor can elevate a misdemeanor into a felony. Fines increase, and prison time can be longer.
Using a Vehicle to Distribute Marijuana
Transporting cannabis for sale can make penalties worse. In this case, the prosecution can file charges for both transportation for sale and possession for sale. Cars, trucks, and other vehicles used for distribution show planning and organization.
Large Quantities of Marijuana
Having a large amount suggests an intent to sell rather than personal use. The larger the quantity, the more severe the penalties you may face. Large amounts can automatically trigger felony charges. Even first-time offenders face prison time for possessing significant amounts of marijuana.
Prior Criminal Record
California law is strict on repeat offenders. Therefore, the judge will look into your criminal record during sentencing. The judge may impose harsher penalties if you have a prior conviction for the offense or any drug offense. Such consequences may include longer prison sentences and higher fines.
Distribution as Part of a Gang or Organized Activity
Violating HSC 11359 as part of a group or gang can increase the punishment. Courts view organized sales as more dangerous. This factor can result in longer prison sentences.
Lasting Consequences of a Conviction Under Health and Safety Code 11359
Your conviction for possessing marijuana for sale will result in more than incarceration and fines. After your conviction, the charge remains on record. This record can negatively impact different aspects of your life. These include:
Employment Challenges
A conviction under this statute can make it challenging to find work. Many employers conduct criminal background checks before hiring. Some industries may have stringent laws against hiring people with drug-related convictions. For example, you may find it difficult to secure a job in the healthcare or government sectors with such a conviction.
Housing Restrictions
A conviction can affect your ability to rent a house. Landlords often look at criminal records before making offers. Some housing programs may have tough sanctions against drug arrests. These include government-subsidized or public housing. Such laws can limit your options and make it more challenging to find stable housing. Even if you can rent privately, landlords may charge higher deposits or refuse to rent to someone with a criminal record.
Loss of Federal Benefits
A drug-related conviction can affect eligibility for federal programs. Some of the programs that are restricted to people with a criminal record include:
- Student loans
- Food assistance
- Public benefits
- Social and Personal Impact
A conviction can have social consequences. Friends, family, or other members may treat you differently after a conviction. Such treatment can create loneliness and emotional trauma.
Professional License Challenges
Fields such as nursing, teaching, law, or real estate often require a clean record. If you face a conviction for a drug crime, law enforcement can notify your licensing board. In this case, you can face disciplinary action. Common disciplinary actions from the board could include probation, license suspension, and revocation.
Immigration Consequences
For U.S. citizens, incarceration is the most dreaded consequence of a conviction for violating HSC 11359. However, non-citizens face a high risk of immigration consequences. After the conviction, you may face visa denial or revocation. In severe cases, ICE can deport you or render you inadmissible.
Deportation involves the forcible removal, while inadmissibility means that you cannot go back to the United States once you leave. These immigration consequences can affect your work and family. Therefore, if you face charges for a drug offense, you will need the insight of a seasoned criminal defense lawyer,
Probation for California HSC 11359
In California, there are three typical sentencing schemes. These include incarceration, fines, and probation. Probation is a court-ordered alternative to jail or prison. Instead of serving time, the court allows you to stay out of jail. You must follow specific rules set by the judge. If you break those rules, the court can revoke probation and impose jail or prison time.
After the conviction for cannabis possession for sale, the court can sentence you to probation. However, the sentence is not available for all defendants. Judges consider whether probation would protect the public and help prevent future offenses. There are two types of probation. Summary probation is standard in misdemeanor cases. Formal probation is more common in felony cases and includes supervision by a probation officer.
You are more likely to receive probation if your case is your first offense. Courts often favor rehabilitation over punishment for first-time defendants. Possession of smaller amounts of marijuana increases your chances of probation instead of incarceration. Cases without weapons, minors, or violence are more likely to qualify. When imposing a probation sentence, the court can impose the following conditions:
- Obey all laws. You must not commit any new crimes while out on probation. Any arrest can trigger a probation violation.
- Drug education or counseling. The court may require you to attend drug classes or counseling programs while on probation for this drug crime. These programs focus on awareness and prevention.
- Drug testing. Random drug testing is a common condition for defendants facing charges under HSC 11359. Failing or refusing a test can violate probation.
- Community service. The judge will order you to perform community service for a specific number of hours while on probation.
- Fines and court fees. A common condition of probation is payment of fines and court assessment fees.
- Travel restrictions. You may need permission to leave the county or state when you are on probation for the crime. Unauthorized travel can violate probation.
- Regular check-ins. If the judge sentences you to felony probation, you may need to check in regularly with your probation officer.
Probation can help you avoid incarceration. However, it requires strict compliance and personal responsibility.
Defenses Against Possession of Marijuana for Sale in California
Facing a charge for violating HSC 11359 is overwhelming. While limited possession is legal, selling marijuana without meeting strict requirements is still a crime. Should you face charges for violating HSC 11359, you will require legal guidance. Your attorney can help you to present these defenses against the charges:
You Possessed the Marijuana for your Personal Use
Possessing marijuana is not enough to secure a conviction under HSC 11359. The prosecution must prove that the substance was for sale. Proving intent can be difficult for the prosecutor, who relies on circumstantial evidence. A strong defense you can present in your case is that you intended to use the substance.
California law allows adults to possess marijuana for their personal use within legal limits. If the marijuana was for your consumption, the charge may be improper.
The Marijuana Did Not Belong to You
The prosecution must assert that you owned or controlled marijuana to secure the conviction for this offense. However, being in your space does not mean that the substance was yours. In this case, you can argue a lack of ownership or control. You can use this argument, especially in cases where you face charges based on a claim of joint ownership.
This scenario includes when the substance is found in a shared vehicle, home, or apartment. The prosecution must establish that you controlled the marijuana. Simply being near it is not enough.
Lack of Knowledge
The prosecution must prove that you knew of the marijuana’s presence before you can be convicted of possession for sale. You cannot be convicted if you were unaware of the marijuana. If someone else placed marijuana in your belongings without telling you, this defense may apply.
Law enforcement often relies on assumptions when establishing your knowledge under this statute. Without proof of knowledge, you can challenge the charge.
You Did Not Know the Substance Was Marijuana
You must know that the substance was marijuana for you to be found guilty of possession for sale. Knowing that the substance was present is not enough. If you believed the substance was legal or something else, the prosecution may fail to meet the required element. You do not need to know the exact strain.
However, you must understand that it was marijuana. You can use arguments like “confusion” or “mistaken belief” to create reasonable doubt in your favor.
The Amount Was Not Usable.
The prosecution must prove that the amount of marijuana you possessed was usable. A usable amount is the quantity that is enough to impair a person’s judgment or actions. Therefore, you only possessed traces of the substance. The prosecution must link the amount to the distribution. You can enlist experts to testify that the quantity suggests sales.
Police Misconduct
Law enforcement requires a valid warrant to search you or your property, even if they suspect you of violating the law. Also, the police must search within the scope of the warrant. Your constitutional rights protect you from unlawful searches. Sometimes, police receive tips about the presence of drugs and can search without a warrant. Often, they do this out of fear of losing key evidence in the case.
If police violated those rights, you can petition the court to exclude the evidence collected during the unlawful search. Without the evidence, the prosecution may have no case. Police misconduct can also include false statements or exaggerated reports.
Crimes Related to the Possession of Marijuana for Sale
Possession of marijuana for sale is a serious drug offense. When you face charges for these offenses, the prosecution can introduce charges for the following related offenses in your case:
Sale or Distribution of Marijuana
Under California Health and Safety Code 11360, it is a crime to sell or distribute marijuana to other people without a valid license. The elements of this crime include
- You sold or distributed marijuana or its derivatives.
- You knew that you were distributing a controlled substance.
The sale or distribution of marijuana is prohibited. Possessing more than the legal quantity of marijuana is prohibited. You could face misdemeanor charges if you are a first-time offender. However, if you have a lengthy criminal history or you sell the substance to minors, the prosecution can file felony charges. As a misdemeanor, the sale or distribution of marijuana is punished by a year in county jail.
The penalties for a felony conviction, on the other hand, may include two, three, or four years in jail. If you face charges under HSC 11359 and the prosecution has evidence that you exchanged the substance for money, you may be charged with sale and distribution instead.
Simple Possession of Marijuana
Individuals over twenty-one years old can possess up to 28.5 grams of marijuana for personal use in California. However, California law prohibits the following actions:
- Possession of more than the legal quantity of the drug
- Possession of cannabis at a K-12 school
- Possession of marijuana by individuals under twenty-one years
If you engage in these acts, you could face arrest and charges under HSC 11357. Possession of more than 28.5 grams of marijuana attracts misdemeanor charges. Your conviction for the offense may result in a jail sentence of not more than six months. When you are a first-time offender, the court can order you to enter a diversion program. After completing this program, the court can dismiss your case.
Illegal Cultivation of Marijuana
Under Proposition 64, adults can grow marijuana for recreational purposes. However, you must be at least twenty-one years old. Also, you must not grow more than 6 plants. Violating these regulations is a crime. If you are between 18 and 21 years, the cultivation of marijuana is an infraction. The offense may not result in jail time, but the court can impose a $100 fine.
However, if you are over twenty-one years old and you cultivate more than the legal limit, you can face a misdemeanor charge. As a misdemeanor, possession of marijuana is punished by up to six months in jail.
Find a Seasoned Drug Crime Defense Attorney Near Me
You could face charges under HSC 11359 if you possess marijuana with the intention to sell. An intention to sell the substance separates the offense from simple possession of marijuana, which is legal when done within the legal limits. Depending on the factors of your case, you could face a felony or misdemeanor conviction for this offense. After a conviction, you risk spending a long time behind bars and paying hefty fines.
Additionally, the conviction can leave behind a permanent record that may affect your job prospects, professional licensing, and immigration status. Your arrest for possession of marijuana for sale will not always end in a conviction. With the insight of a reliable lawyer, you can build a solid defense and fight charges.
At CCLG: Los Angeles Criminal Attorney, we understand the impact that a conviction under HSC 11359 can have on your freedom and future. We will offer the guidance you need to secure a favorable case outcome. Contact us today at 323-922-3418 from Los Angeles, CA, to discuss the details of your case.
