Possession with Intent to Sell – HS 11359: Understanding California Law

In California, possession of marijuana with the intent to sell is a serious offense under Health and Safety Code 11359 (HS 11359). While personal use and cultivation of cannabis are legal for adults under Proposition 64, possessing cannabis with the intent to sell without a valid license can lead to significant legal consequences. At KN Law Firm, located in Glendale, we provide expert legal guidance to those facing marijuana-related charges, including possession with intent to sell.

If you or someone you know has been charged under HS 11359, contact us at (888) 950-0011 for a free consultation. We serve Los Angeles and surrounding cities and are available 24/7.

What is Health and Safety Code 11359?

Under HS 11359, it is illegal to possess cannabis with the intent to sell it without a proper state-issued license. Even though Proposition 64 legalized recreational use and possession of marijuana, selling or intending to sell marijuana remains illegal unless licensed by the state.

To be convicted of possession with intent to sell, the prosecution must prove that:

1. You possessed marijuana.
2. You were aware that you were in possession of marijuana.
3. You possessed enough marijuana that it was more than for personal use.
4. You intended to sell the marijuana illegally.

Indicators of Intent to Sell

The key difference between personal possession and possession with intent to sell is the presence of intent. Law enforcement may use the following evidence to establish that you intended to sell the marijuana:

• Large quantities of cannabis beyond personal use limits.
• Packaging materials, such as multiple baggies or containers.
• Scales or weighing devices.
• Large sums of cash, especially in small denominations.
• Text messages or communications related to sales.
• Statements or admissions made during questioning.

If these factors are present, prosecutors may attempt to charge you under HS 11359, even if no actual sale took place.

Penalties for Possession with Intent to Sell

Possession of marijuana with intent to sell is treated more severely than simple possession. Depending on the circumstances, it may be charged as either a misdemeanor or a felony, with penalties varying based on the defendant’s criminal history, age, and the specifics of the case.

• Misdemeanor penalties: Up to 6 months in county jail and/or fines up to $500.
• Felony penalties: For those with prior convictions, or if other aggravating factors apply, a felony charge can lead to 2, 3, or 4 years in state prison.

Aggravating factors that could result in a felony charge include:

• Selling or intending to sell to minors.
• Prior convictions for violent felonies.
• Involvement in drug trafficking or large-scale distribution.

Defenses Against Possession with Intent to Sell

If you’ve been charged with possession with intent to sell under HS 11359, there are several potential defenses your attorney may use to fight the charges:

1. Lack of intent: If the marijuana was for personal use, not for sale, you may argue that there was no intent to sell. Your lawyer can challenge the prosecution’s evidence of intent.
2. Unlawful search and seizure: If law enforcement obtained evidence through an illegal search or violated your rights during the arrest, your attorney may be able to suppress that evidence.
3. Valid state license: If you are a licensed marijuana retailer, your attorney may argue that you were in compliance with California law.
4. Lack of knowledge: If you were unaware of the presence of marijuana, or it was not yours, you may have a defense that you lacked intent to sell.
5. Medical necessity: If you possess marijuana as a medical patient or caregiver under California’s Compassionate Use Act, your attorney may be able to reduce or dismiss the charges.

FAQs About Possession with Intent to Sell

1. Can I still be charged with intent to sell if I’m a medical marijuana patient?
Yes. Even if you are a medical marijuana patient, you can still be charged with possession with intent to sell if the prosecution believes you possessed marijuana for more than personal use. Having a valid medical marijuana recommendation may reduce penalties but does not exempt you from HS 11359.

2. What is the difference between recreational possession and possession with intent to sell?
Recreational users are allowed to possess up to 28.5 grams of cannabis or 8 grams of concentrate for personal use. Possessing larger amounts, along with evidence of intent to sell (such as scales, baggies, or communications), can lead to charges under HS 11359.

3. What should I do if I’ve been arrested for possession with intent to sell?
It’s important to contact a qualified criminal defense attorney immediately. At KN Law Firm, we offer free consultations and are available 24/7 to discuss your case and defend your rights.

Contact KN Law Firm for Expert Defense

At KN Law Firm, we understand how overwhelming drug charges can be. Our experienced attorneys are skilled in defending clients against charges under HS 11359 and will work tirelessly to protect your rights and seek the best possible outcome. If you are facing charges for possession with intent to sell marijuana, call our office at (888) 950-0011 for a free consultation. We proudly serve Glendale, Los Angeles, and the surrounding areas.

Don’t face these charges alone—let us help you build a strong defense.