Selling Marijuana

California Health & Safety Code 11360 HSC

HSC 11360 – Overview

It is a commonly known fact that the possession of a certain amount of marijuana by anyone over 21, intended for recreation purposes, is legal in California.

Nevertheless, while having 28.5 grams of marijuana or 8 grams of concentrated cannabis (hashish) may not get you into legal trouble with the state anymore, the state still keeps a very keen watch on the selling of marijuana.

The California Health and Safety Code Section 11360 HSC makes it a criminal offense to sell, give away, furnish, import into California or transport for sale a usable amount of marijuana, or any other marijuana concentrates like hash oil, hashish, or marijuana edibles without a state license or any other locally demanded licenses.

You should note that one can still face charges under California Health and Safety Code 11360 HSC if they never possessed, held, touched, or delivered the marijuana. You can also be charged under this statute if you do not receive any monetary value for distributing the marijuana. As long as the defendant obtained something of value during the exchange is enough to get them prosecuted under this law.

HSC 11360 – Sentencing

The sentencing you receive for selling marijuana in violation of California Health & Safety Code 11360 HSC will depend on several factors. If you simply gave away or transported for sale, 28.5 grams or less of marijuana. This will be charged as an infraction and will result in a $100 court fine with no jail time.

However, if the defendant fell into any of these categories. The charges are automatically elevated to a felony. The categories include:

Defendants who sold, gave away, transported for sale, imported into the state, or attempted to carry out any of these actions, more than 28.5 grams of marijuana or more than four grams of concentrated cannabis.
Defendants who have more than one conviction for selling or transporting marijuana under HSC 11360
Defendants who knowingly sold or tried to sell marijuana to someone under the age of 18
Defendants who have prior convictions in seriously violent felonies, such as murder, sexually violent offenses, sex crimes against a child under 14, or sex crimes that require them to register as a sex offender.

These individuals will be sentenced to:

Between 2, 3, or 4 years in jail.
Plus, the defendant will also face additional charges for a felony conviction under this statute, such as:
A lifetime ban against owning a firearm in California
The obligation to disclose their convicted if requested on a job application

Crimes Related to Selling Marijuana

Possession for Sale of a Controlled Substance – California Health & Safety Code Section 11351 HSC
Sale or Transportation of a Controlled Substance – California Health & Safety Code Section 11352 HSC
Possession of Marijuana – California Health & Safety Code Section 11357 HSC
Cultivating Marijuana – California Health & Safety Code Section 11358 HSC
Possession for Sale of Marijuana – California Health & Safety Code Section 11359 HSC
Operating a Drug House – Health and Safety Code 11366 HSC

HSC 11360 – Prosecution

For the defendant to be prosecuted under California Health and Safety 11360 HSC, the prosecutor must provide solid evidence supporting the following elements:

The defendant sold, furnished, transported for sale, gave away, administered, or imported into California, a usable amount of marijuana.
The defendant did not have a license to commit any of these actions in the state.
The defendant was aware of the presence of marijuana and knew of the substance’s nature as a controlled substance.

Remember to be prosecuted under this statute. The defendant doesn’t need to have possessed, delivered, or even touch, the marijuana in question. All the prosecutor has to prove is that the defendant had some form of control over the marijuana.

HSC 11360 – Defenses

If you are facing charges under California Health & Safety Code 11360 HSC, you should know that there are defense strategies a criminal defense lawyer can use in court to get your charges dismissed. Some of these defenses include:

Was Unaware of The Presence of Marijuana

A key element the prosecution needs to prove for the defendant to be prosecuted under HSC 11360 is that the defendant needs to be aware of the presence of marijuana. If the defendant was not aware they were transporting or selling marijuana. Perhaps the defendant was carrying a concealed bag and did not know it was marijuana. Then their criminal defense attorney can use this information to argue the defendant’s case.

Entrapment

The Californian police often run undercover sting operations to try and catch illegal sellers of marijuana. If the undercover officer was excessively persuasive in encouraging the defendant to commit the stated crime. This can serve as an effective defense to get you charged under Health, and Safety Code 11360 HSC dropped.