California is one of twelve states that has legalized marijuana for medicinal uses. However, it is still illegal for any recreational use. Selling marijuana can have severe criminal penalties so it’s important you understand the legal ramifications and contact an experienced attorney who can help you if you find yourself facing such charges. In California, it is a felony to sell or import to the state any usable amount of marijuana and could be subject to two-four years in county jail.
If you transport 28.5 grams or less of marijuana or concentrated cannabis, it is considered a misdemeanor, with zero time in jail but a $100 fine. If you transport more than 28.5 grams, you will be subject to a felony charge with 2-4 years of jail time. If you sale or import any amount of marijuana, you will be subject to 2-4 years of jail time and have a felony on your record. If you face a felony charge, you could potentially be eligible for felony probation. Under this probation you will serve at most a year in jail but will be subject to other conditions like: drug testing, community service, monthly meetings with probation officers, and personal searches without a warrant.
There are a number of defenses your criminal attorney can use to fight under the Health and Safety Code 11360 HS but first it is important to understand the legal definition of “selling” marijuana. “Selling” means exchanging marijuana for money, services or anything of value. This means that you don’t necessarily need to receive money in order to be convicted of selling marijuana as you could potentially use it to: repay a loan, trade marijuana for other drugs, give someone drugs in exchange for services or trade marijuana for something else of value.
Some of the defenses that could be used are: if you didn’t know the pot was there, you are entitled to use medical marijuana, you are a primary caregiver who was giving pot to a medical marijuana patient, you were giving the pot away, not selling it, the police engaged in entrapment or the marijuana was found illegally. It is important you understand the legal ramifications of recreational use of marijuana in California and consult an experienced attorney if you are facing charges of selling.