Possession with Intent to Sell: Health and Safety Code 11359 HSC

What Constitutes the Crime?

In order to legally sell marijuana in California, you must have a valid license to do so. Thus, possession of marijuana with intent to sell, without a valid license, is a crime charged as a misdemeanor.

Misdemeanor Penalties:

  • Up to six months in a county jail
  • Or a fine of up to $500
  • Or both
  • However, in some specific cases it is charged as a felony

How Is “Intent to Sell” Proven?

The following circumstances constitute as evidence that you intended to sell the marijuana in your possession:

  • Marijuana apportioned into various containers or baggies
  • Possessing a large quantity of marijuana
  • Possession of various baggies or containers
  • Possession of weapons, or cash, or both
  • The arresting officer’s opinion that you intended to sell the marijuana

What Are the Defenses for Possessing with Intent To Sell?

An intelligent attorney will verify the arresting officer who searched your house or vehicle had sufficient probable cause to do so. If your house or vehicle was searched without sufficient probable cause, the attorney can issue a motion to suppress the evidence. If effective, the evidence becomes inadmissible, and generally, the case is dismissed.

When Is Possession with Intent to Sell Charged as a Felony?

If these are true, you may be charged with a felony:

  • You were previously convicted of a serious violent felony
  • You committed a crime requiring you to register as a sex offender
  • You have two or more prior misdemeanor convictions for marijuana possession for sale
  • You intended to sell the marijuana in your possession to a minor

Felony Penalties (in a County Jail)

  • 16 months
  • Two years
  • Three years

To speak with a knowledgeable attorney about your case, call Gurovich, Berk & Associates today for a free consultation (213) 385-1555.