Possession of Marijuana with the Intent to Sell
If you or a loved one has been arrested and charged under Health and Safety Code Section 11359 (possession of marijuana for sale) or Health and Safety Code Section 11360 (possession of marijuana for transport, sale or import), you need the drug crimes defense attorneys of WILL & WILL, LLP on your side. Our experienced and knowledgeable defense team has handled may cases similar to yours. The aforementioned offenses are felony crimes under California State Law and carry severe penalties, including potential prison sentences.
Let’s say you or a friend/loved one is in possession of a large quantity of marijuana for person use only. Often times that person will find themselves being accused of having the intent to sell marijuana, in addition to the possession. It is important to make a distinction between the two crimes because the consequences associated with possession of marijuana with the intent to sell vs. simple possession are very different. In California, possession of marijuana with the intent to sell is a straight felony offense. According to Health and Safety Code section 11359 "Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison." Health and Safety Code Section 11360 is even more specific and states that “Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of two, three or four years.”
In order to try and prove that you had the intent to sell marijuana, rather than simply possess a large quantity of marijuana, the investigating agency that arrested you will have been looking for additional factors such as:
- Possession of large amounts of cash, and particularly smaller bills;
- Possession of multiple baggies, regardless of size and either with or without marijuana in them;
- Possession of weight scales;
- Possession of multiple beepers/pagers/cell phones/pda’s;
- Lack of drug paraphernalia (pipes, rolling papers or bongs) which may indicate personal use;
- Address books/Client lists/Pay-Owe sheets; and
- The location in which you were arrested.
In addition to the aforementioned factors, the police agency that arrested/investigated you is often times allowed to testify in court as an expert in the area of drug-related offenses. He/she will generally say that in their “opinion” and “based on their training and experience” along with any items found in addition to the marijuana alone, you had the intent to sell the marijuana you were found to be in possession of.
It is important when being charged under Health and safety Code Sections 11359 and 11360 that you have the representation of an experienced and knowledgeable defense attorney. The drug crimes defense attorneys at WILL & WILL, LLP are highly skilled in this arena. Our former prosecutors and career drug crimes defense attorneys have handled thousands of misdemeanor and felony marijuana-related criminal cases, including possession and/or transportation for sale. We are here to help you. Call or fill out our online contact form for a free consultation today.
