Marijuana Possession for Sale
According to California law, the possession of marijuana for sale (or the intent to sell) is a felony crime. It does not matter whether you are in possession of a few grams or a truckload – if you are in possession of marijuana and you have the intent to sell, you will be charged with a felony under California Health and Safety Code 11359.
In fact, to be charged with possession with the intent to sell, the police do not even have to see a transaction take place. Instead, the law allows you to be charged based on such circumstantial evidence as:
- Being found with large quantities of marijuana
- Having possession of a large amount of cash
- Possessing marijuana packaged in multiple baggies and/or bundles
- Having scales in your home
- Not finding such devices as pipes, papers or bongs on your person or in your residence
- Not being high yourself when arrested
Most arrests and charges for marijuana possession for sale don’t result from actually seeing you sell the product. Instead, the police and prosecution will typically use such tactics as having an undercover cop ‘buy’ from you or to get someone you did sell to attest to your transaction. Police are also increasingly going online to coordinate their busts. For example, some monitor sites such as Craigslist and arrange a ‘controlled buy’ where they then arrive and arrest the seller.
As a felony charge, depending on the circumstances and your criminal record, you could be facing a sentence of up to four years in a California state prison plus a hefty fine. Under California’s three strikes system, if this is not your first felony charge, you jail sentence will automatically be increased.
The Law Offices of Jonathan I. Kelman specialize in defending LA marijuana possession for sale crimes. If you or a loved one is facing a marijuana possession for sale charge, seek the support of an attorney practicing only in criminal defense. Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.