Marijuana Possession with Intent to Sell DefenseCalifornia Health & Safety Code § 11359

What counts as a violation of Health & Safety Code § 11359?

Health & Safety Code § 11359 makes it a crime to possess for sale any cannabis. 

What is the punishment for violating Health & Safety Code § 11359?

Every person who possesses cannabis for sale shall be punished as a misdemeanor by imprisonment in a county jail for a period of up to 6 months, or by a fine of up to $500, or by both.

What factors increase the punishment for violating Health & Safety Code § 11359?

A person 18 years of age or over who possesses cannabis for sale may be punished by imprisonment under Penal Code § 1170 if

• The person committed a serious violent offense that required him or her to register as a sex offender

•  The person has two or more prior convictions under Health & Safety Code § 11359(b)

•  The offense occurred in connection with the knowing sale or attempted sale of cannabis to a person under the age of 18 years

  Additionally, a person 21 years of age or over who possesses cannabis for sale may be punished by imprisonment pursuant to Penal Code § 1170(h) if the offense involves: knowingly hiring, employing, or using a person 20 years of age or younger in unlawfully cultivating, transporting, carrying, selling, offering to sell, giving away, preparing for sale, or peddling any cannabis.

What are the defenses to Health & Safety Code § 11359?

• You did not intend to sell the marijuana
• You did not know you possessed marijuana
• The marijuana was seized during an unlawful search