Possession for Sale of Marijuana – California Health and Safety Code Section 11359

By: Wallin & Klarich

Anyone charged with possession for sale of marijuana should speak with an experienced drug possession attorney in Southern California. Possession for sale of marijuana is a serious crime that comes with harsh penalties and consequences.

California Health and Safety Code Section 11359 makes it a felony for anyone to unlawfully possess marijuana for the purpose of sales. To be convicted under Section 11359, it needs to be proven that the defendant unlawfully possessed marijuana; the defendant knew of its presence; the defendant knew of the substance’s nature as a controlled substance; the defendant possessed a usable amount; and that at the time of the possession, the defendant had the intent to sell it.

With a knowledgeable criminal defense attorney on your side, you can raise certain defenses against this charge. A viable defense that may be available to you is submitting a motion to the court to suppress evidence of confiscated marijuana. If the evidence is shown to have been illegally obtained, the judge may decide not to admit it as evidence. This would likely result in the dismissal of the case against you. You may also be able to challenge the individual elements of the charge by claiming a lack of possession, knowledge of the drug’s presence or nature, presence of a usable amount, or the intent to sell.

A conviction under Section 11359 is punishable by imprisonment for up to 3 years in state prison.

For more information, go to www.wklaw.com and read our Possession for Sale of Marijuana section. There you will find invaluable information, including possible defenses, on the charges that you or a loved one may be facing.

If you find yourself accused possessing marijuana for the purpose of sale, it is extremely important that you contact an experienced criminal defense law firm to aid you on your case. At Wallin & Klarich, our attorneys have over 30 years of experience handling marijuana cases in Southern California. We have the skill and expertise to provide you with the best possible defense. Contact the experienced Southern California possession for sale of marijuana attorneys at Wallin & Klarich today at 1-888-280-6839. We will be there when you call.

Posted In: Criminal Defense