Possession of Meth for Sale
Health & Safety Code § 11358
What counts as a violation of Health & Safety Code § 11358?
Health & Safety Code § 11357.5(a) makes it a crime to offer to, or to actually, sell, dispense, distribute, furnish, administer, or give any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person.
Health & Safety Code § 11357.5(b) makes it a crime to use or possess any synthetic cannabinoid compound, or any synthetic cannabinoid derivative.
What is the punishment for violating Health & Safety Code § 11358?
The punishment for violating Health & Safety Code § 11358 varies based on the specifics of the case, such as the quantity of marijuana plants involved, prior criminal history, and other factors.
Here are the potential penalties:
1. Misdemeanor Charges: For smaller-scale cultivation, a first-time offense may result in misdemeanor charges. This can lead to up to six months in county jail and/or a fine of up to $500.
2. Felony Charges: Large-scale cultivation or multiple offenses can lead to felony charges. The penalties may include probation, imprisonment in state prison, and fines.
3. Alternative Sentencing: In some cases, individuals may be eligible for alternative sentencing, such as diversion programs or drug treatment, depending on their criminal history and the circumstances of the case.
4. Expungement: It’s important to note that recent changes in California law have made it possible for individuals with certain marijuana-related convictions to have their records expunged or reduced.
What are the defenses to Health & Safety Code § 11358?
• The substance did not contain a synthetic stimulant
• You did not know you possessed the substance
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