Possessing Marijuana For Sales – Health & Safety Code 11359
California Health & Safety Code 11359 HS makes it a crime to have possession of marijuana with the intent to sell it without a license. Those individuals who are selling marijuana in today's society typically have a pretty strong chance of avoiding a criminal conviction as long as they are lawfully selling the marijuana.
Now that marijuana use and even sale have been legalized in California, there are ways to avoid any criminal conviction.
There are specific rules that must be followed if you're going to sell marijuana in California. These rules include obtaining a state license, paying taxes, and conducting business in a lawful manner. As long as you comply with these rules, you really shouldn't have any issues.
Individuals who are greedy and try to get involved with too much marijuana have weapons and do things the wrong way. They're being arrested and charged with selling marijuana and end up in criminal court.
The significant change in the law has shifted the perception of marijuana sales. What was once considered on par with harder drugs is now a straight misdemeanor. This change brings hope and optimism as it lessens the severity of the charges and their potential impact on your life.
One, it's not as serious, so judges and prosecutors don't take it as severe, and it's not a felony any longer, so you don't get a felony conviction on your record which prevents you from owning, using or possessing any weapons — which is a big problem.
A felony conviction for selling marijuana can have serious consequences. It prevents you from voting, owning, using, or possessing any weapons, and it puts a significant stigma on your life. Additionally, it can lead to prison time, which is a serious consequence for selling drugs.
Marijuana Sales and Federal Law
So, marijuana use, marijuana possession, and marijuana sales have been watered down by the legislature, the California voters, and society. Not only in California, Los Angeles, and across the nation, laws are changing left and right.
The only difference is that the federal government is still making it illegal. So, it's dangerous to sell marijuana even at the state level because of what the feds have done.
If you find yourself charged with selling marijuana, it's crucial to remember that you have rights and options. Hiring an attorney can provide you with the legal protection and defense you need, empowering you to navigate the legal system with confidence and control.
Suppose you have a situation where you have a prior felony conviction for possessing marijuana for sale under Health & Safety Code 11359.
If you have a prior felony conviction for selling marijuana, it's crucial to get an attorney. The felony on your record can potentially be reduced to a misdemeanor. The law related to felonies for selling marijuana is retroactive, meaning you can often get that misdemeanor under most circumstances.
You're going to need to hire an attorney. A motion's going to have to be filed. Your attorney is going to have to appear in court on your behalf. You could sometimes even avoid appearing, and your attorney can handle it, providing you with the support and reassurance you need during this challenging time.
Misdemeanor vs Felony Drug Charges
So, you want to take advantage of the opportunity to get that misdemeanor if you can because it restores so many rights, takes a felony off your record, and puts you in a much better position to end up with a misdemeanor conviction that you delete instead of the felony conviction that makes you look bad and puts you in a wrong position in your life.
Trying to get a job or start a career even puts you in the wrong position if you're in a situation where you pick up a new charge. You don't want that new case. That's crucial.
So, if you've got a possession with intent to sell marijuana or a sale of marijuana case, the first thing is to hire an attorney. Let the attorney assess whether you have any defenses that might apply to your case — whether the case can be lessened to something less serious.
It doesn't put you in as much criminal jeopardy or whether the case can be dismissed outright.
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