Peter Blair | May 5, 2015 | Marijuana Laws
California was the first state to legalize marijuana for medical purposes, with the passage of the Compassionate us Act in 1996. This has allowed more individuals to legally possess marijuana than could in the past. However, state law remains firm regarding the possession of marijuana with intent to sell.
The possession of any amount of marijuana to sell is illegal under California Health and Safety Code 11359. “Selling” is defined by the California Health and Safety Code 11359 as exchanging any amount for anything of value, including money, possessions or a service. The California law states someone found in possession with intent to sell could face a $10,000 fine and up to three years in prison.
Unfortunately, it has become difficult for law enforcement personnel to decipher if someone is in possession of marijuana on a medical recommendation or with the intent to sell, specifically if they are found with a large amount.
The legal process for possession with intent to sell charge:
A person or persons found to be in possession of a significant amount with the intent to sell in California could be charged with a felony, thus must go through the legal process, according to California law. The individual charged most likely will face 16 months to three years in a county jail, according to the National Organization for the Reform of Marijuana Laws.
Additionally, the conviction would have to be disclosed on any future job applications. It is important to note someone could be charged with the possession of marijuana with intent to sell regardless of the amount found.
However, the person simply may have a bulk for medicinal purposes but unjustly was charged with possession of marijuana with the intent to sell. Having to go through the legal process due to the possession, may cause someone a great deal of turmoil.
The good news, though, is this offense is easy to defend. The intent to sell may never have been there and this can be proven in court.
Where to turn for help:
An individual, dwelling in California, who has been charged with the possession of marijuana with the intent to sell very well may have been falsely accused. This person may not know where to turn for help. It is important to seek legal advice from a skilled criminal defense attorney when charged with the possession of marijuana with the intent to sell. In court, the prosecutor will need to prove your intent to sell.
He could use direct evidence, which could include comments made concerning the possession of marijuana with the intent to sell. This may include a statement such as, “I have marijuana available if you would like to buy some.” The prosecutor also will present any circumstantial evidence, which could include the amount of marijuana found; drug measuring equipment; a great deal of cash found; police testimony concerning any transactions witnessed; and if there is a past history of selling drugs.
Contact my law office so I can defend your rights and draw up an adequate defense against these charges. I may be able to get the charges dropped or reduced regardless of any direct or circumstantial evidence that may be present.
Through the California formal (felony) probation program, the defendant could be sentenced to probation opposed to spending time in jail, even if the intent to sell was there.
Through the probation program, the individual may be asked to perform community service and could face drug testing and drug searches during regular meetings with a probation officer. It is important to understand, if facing this charge, you do have options and may not need to serve jail time.