Possession of Marijuana with Intent to Sell

1. Persons under the age of 18years shall be punished in the same manner as provided in Health & Safety Code § 11357(b)(1).

• Upon a finding that a first offense has been committed, complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days.
• Upon a finding that a second or subsequent offense has been committed, complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.

2. Persons 18 years of age or over shall be punished by imprisonment in a county jail for up to six months or by a fine of up to $500, or by both such fine and imprisonment.

3. A person 18 years of age or over may be punished by imprisonment pursuant to Penal Code § 1170(h) for a period of two, three, or four years if:

• The person has one or more prior convictions for a serious violent offenses that required him or her to register as a sex offender
• The person has two or more prior convictions under paragraph (2);
• The offense involved the knowing sale, attempted sale, or the knowing offer to sell, furnish, administer, or give away cannabis to a person under the age of 18 years; or
• The offense involved the import, offer to import, or attempted import into this state, or the transport for sale, offer to transport for sale, or attempted transport for sale out of this state, of more than 28.5 grams of cannabis or more than four grams of concentrated cannabis.