The Crime of Unlawful Marijuana Sales in California – HS 11360
California Health and Safety Code 11360 HS describes the crime of “unlawful marijuana sales,” which actually prohibits more than just sales.
Marijuana possession and use by adults was mostly made legal by California voters through Proposition 64, but there are exceptions that can still subject some for marijuana related prosecution.
However, under HS 11360 marijuana sales, it is still illegal to:
- Give away
- Transport for sale without license
- Import into California
HS 11360 also includes marijuana concentrates such as hash oil and forms of marijuana that can be eaten, such brownies, etc.
There is a difference between possession for sales of marijuana and actually selling it.
While most Health and Safety 11360 HS marijuana sales cases are now a misdemeanor, you could be prosecuted for a felony offense punishable by up to four years in county jail.
If the marijuana sales are made to a minor, the penalties could increase to up to seven years in state prison.
To give readers more information about California drug crime of marijuana sales or transportation charges, our Los Angeles criminal defense attorneys are providing a review below.
What Factors Must Be Proven for an HS 11360 Conviction?
California Health and Safety Code 11360 HS defines the crime of selling marijuana as:
- Anyone who transports, imports, sells, furnishes, administers, or gives away, or offers to do the same, or attempts to import into California or transport any cannabis.
In order for the prosecutor to convict you of violating HS 11360 selling marijuana, they must be able to prove several crucial factors that are commonly known as the “elements of the crime,” including:
- You sold, furnished, imported, transported, or gave away marijuana
- You knew of its presence and nature as a controlled substance
- There was a usable amount of the controlled substance
It should be noted that you don't have to have actual physical possession in order to violate HS 11360.
By law, it's sufficient to charge and convict if you just have control of the marijuana, even though another individual.
What are the Penalties for HS 11360 Selling Marijuana?
As stated above, most HS 11360 cases are now handled as a misdemeanor rather than the previous felony offense.
If convicted of a misdemeanor violation of Health and Safety Code Section 11360 HS, the penalties include:
- Up to six months in county jail
- A fine up to $500 fine, or both the fine and jail.
There are still situations where selling marijuana under HS 11360 can be prosecuted as a felony offense:
- If you have at least two prior convictions for marijuana sales or transportation
- If you imported into California, or exported over 28.5 grams of marijuana, or
- More than 4 grams of concentrated cannabis, such as hash
- If you sold to, or attempted to sell to, minors under the age of 18
- If you have prior convictions for certain serious felonies such as murder, rape, child molestation, or other sex crimes that mandate registration as a sex offender under Penal Code Section 290 PC
Thus, if you are convicted of a felony offense of violating Health and Safety Code Section 11360 HS, the penalties include:
- Two, three, or four years in a California state prison
- A fine up to $10,000
Additionally, a felony conviction will result in a lifetime ban on owning or possessing a firearm.
What are the Related California Offenses for HS 11360?
- Health and Safety Code 11357 HS – marijuana possession
- Health and Safety Code 11358 HS – marijuana cultivation
- Health and Safety Code 11359 HS – marijuana possession for sale
- Health and Safety Code 11361 HS – marijuana sales to a minor
- Health and Safety Code 11366 HS – operating a drug house
- Health and Safety Code 11370 HS – possession of drug money
How Can I Fight HS 11360 Selling Marijuana Charges?
If you have been accused of a misdemeanor or felony offense for an alleged violation of Health and Safety Code 11360 HS, unlawful marijuana sales, there are several common defenses:
- Lack of intent to sell
- Personal use only
- Illegal searches and seizure
- Police entrapment
- Motion to suppress evidence
We might be able to make an argument the marijuana was for personal use only, rather than possession or transportation for sale.
Recall that adults over 21 are legally permitted to use marijuana without a permit or prescription, unlike most controlled substances.
However, it should be noted that in using this type of defense, the prosecutor will attempt to prove their case by showing proof of marijuana sales, such as:
- quantity of the marijuana possessed
- presence of large amounts of cash
- presence of drug sales paraphernalia such as baggies and scales.
Due to the nature of the crime, marijuana sales cases often involve arguments over illegal searches and seizures of their person or property.
If the marijuana evidence was seized by the police without a valid search warrant, the prosecutor must be able to establish that one of the exceptions to the warrant requirement applies.
We might be able to successfully litigate a California Penal Code 1538.5 PC motion to suppress based on the warrantless search.
If the motion is granted by the judge, the prosecutor will typically be forced to dismiss the charges against you.
Contact Eisner Gorin LLP If Charged with Selling Marijuana
If you or a family member has been charged with selling marijuana in violating of California Health and Safety Code Section 11360 HS, call our experienced team of Los Angeles criminal defense lawyers for a consultation.
We will review the details of your case in order to start planning a defense strategy to obtain the best possible outcome.
Through a process known as prefiling intervention, we might be able to convince the prosecutor from filing formal criminal charges before going to court.
Eisner Gorin LLP is a top-ranked criminal defense law firm located at 1875 Century Park E #705, Los Angeles, CA 90067.
Our main office is next to the Van Nuys Superior Court at 14401 Sylvan St #112 Van Nuys, CA 91401.
Contact our office for an initial consultation at (877) 781-1570.