Criminal Defense: Health & Safety Code 11359 Marijuana Sales
Elements of Health & Safety Code 11359 Marijuana Sales
Health & Safety Code 11359 is the statute against possession of marijuana for sales. The prosecutor must prove that you intended to sell the marijuana found in your possession. They must also prove that you knew it was marijuana. If they are able to prove these elements, then you could face 16 months, 2 or 3 years in jail plus fines. The court takes sales charges very seriously.
Defenses to Health & Safety Code 11359 Marijuana Sales
If you are charged with Health & Safety Code 11359 Marijuana Sales, you do have some defenses to assist you in fighting the charge. Often the cops will charge you with marijuana sales if they find you with multiple baggies of individually wrapped quantities of marijuana. These are usually measured out in equal amounts, which indicates selling. However, a good attorney can persuade the prosecutor that you possessed the baggies because you just bought them. Similarly, if you possess a large amount of cash when arrested, the cops will argue that you just sold a large quantity of marijuana. However, an attorney can argue that you had the money because you were looking to buy marijuana for your own personal use. Convincing the court that you were possessing, or trying to possess the marijuana for personal use is a much better route to take, as there are more options for you penalty-wise and expungement-wise.
What to do if you are charged with Health & Safety Code 11359 Marijuana Sales
If you are charged with Health & Safety Code 11359 marijuana sales, you need to consult an attorney immediately. There are many routes which your case can take, but they need to be discovered early on. You want to fight these charges aggressively.
Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have been arrested for marijuana possession or have questions about sealing your marijuana possession records.
Law Office of Stephanie M. Arrache
A Criminal Defense Firm
PO Box 3297
Palm Springs, CA 92262
Office: (760) 237-8295
Cell: (760) 668-8295