If you’re caught with marijuana and there are circumstances, words, or evidence that cause police or prosecutors to suspect you intended to sell the drug, even if that wasn’t your intention, you could be charged with marijuana possession for sale. While it is legal to possess marijuana if you are over the age of 21, selling without a state license is still illegal in California.

If you’ve been charged with possessing marijuana with the intent to sell, it may be crucial to your future to seek the assistance of an experienced Marijuana Defense Lawyer who can act as your advocate in court and try to secure you the best possible conclusion in your case. Each case is unique in terms of facts and evidence, and a qualified marijuana lawyer can look at the big picture and determine how the circumstances surrounding your charge may offer prospects for a successful defense.

What Exactly Is Possession For Sale?

Possession of marijuana for sale is prohibited under California Health and Safety Code 11359. Possession for sale can be charged if you have any usable amount of marijuana — even less than one ounce — and police and prosecutors have evidence that you intended to sell the substance.

Statements you made or circumstantial evidence showing your intent to sell marijuana may be used to prove your purpose. For example, if the marijuana in your possession is packaged in baggies or if a scale is present when you’re arrested, you’ll most likely be charged with possession for sale.

Penalties for Conviction of Possession for Sale

The penalty for possessing marijuana for sale vary depending on the age of the person charged.

If you are under the age of 18, you may face the following consequences:

  • First Offence — Eight hours of drug education or counselling, as well as up to 40 hours of community service spread out over 90 days.
  • Second or subsequent offence — Ten hours of drug education or counselling, with up to 60 hours of community service spread out over 120 days.

If you are over the age of 18, you can be charged with a misdemeanor, which is punishable by:

  • Up to six months in prison, a $500 fine

However, if you have certain prior crimes or are suspected of attempting to sell marijuana to someone under the age of eighteen, you might face a felony prosecution and up to three years in a county jail.

In contrast to several other drug-related offences, California law does not allow you to complete a drug diversion program and undergo treatment instead of serving jail time if you are convicted of possessing marijuana for sale.

Other Implications of a Possession for Sale Conviction

Possession of marijuana for sale, as previously indicated, is a felony regardless of the amount. You’ll then have a felony record as a drug offender for the rest of your life, which could have long-term ramifications.

  • Employment – If you have a felony drug conviction on your record, you may have difficulty getting work.
  • Housing– Landlords may have policies prohibiting them from renting to anyone with felony drug offences.
  • Professional Licences – You may be unable to obtain a licence to practise law, medicine, nursing, pharmacy, or education. If you currently hold a licence, it may be suspended or revoked if you are convicted of a felony drug offence.
  • Higher Education – If you have a felony drug conviction on your record, you may be denied admission to a college or university, or you may be denied federal financial help such as grants or student loans to pay for your tuition. If you are currently a student, you may lose your financial aid and be forced to find another way to pay for school if you wish to continue your studies.
  • Immigration – If you have a felony drug conviction, you may be denied an immigration visa, green card, or citizenship. When you are convicted of a felony drug offence, your visa or green card may be withdrawn, and you may be deported to your home country.
  • Child Custody – A felony drug conviction on your record may impact a judge’s decision in a custody case, making you an unsuitable parent. If you serve your sentence in jail, your children may be placed in a foster care or with relatives until you are released, and you may have to struggle to persuade a caseworker to return them to you when you finish your sentence.

Defending a Possession with Intent to Sell Charge

A drug conviction can have long-term consequences, but with the assistance of a compassionate and knowledgeable California marijuana attorney, you may be able to fight the charges — and avoid the stigma of a conviction — or lessen the consequences by negotiating a reduction in the charges or penalties.

Every criminal case has its own set of circumstances, facts, evidence, and testimony. An experienced California Marijuana Lawyer can study and analyses the facts and evidence used by prosecutors to support the case against you and advise you on how to take the best course of action. You might discover that you have viable options for contesting your charge. So, it’s good to discuss your case with an expert attorney to find out the best results in short span of time, especially according to your specific situation. For more details you can contact us right away!