Selling Marijuana Without a License – HS 11360: Understanding California’s Laws

Under California Health and Safety Code 11360 (HS 11360), it is illegal to sell, transport, or give away marijuana without the proper licensing. While recreational marijuana use was legalized under Proposition 64, strict regulations govern its sale and distribution. Those who violate these laws by engaging in unlicensed sales or transportation of marijuana face severe penalties.

At KN Law Firm, we understand how overwhelming these charges can be. If you are facing accusations under HS 11360, contact us for a free consultation at (888) 950-0011. We serve clients in Glendale, Los Angeles, and nearby cities, and our attorneys are available 24/7 to help protect your rights.

What is HS 11360?

HS 11360 makes it a crime to:

• Sell or offer to sell marijuana without a state-issued license.
• Transport marijuana with the intent to sell.
• Give away marijuana in significant amounts, exceeding the legal personal limit.

Even though personal use of marijuana is legal for adults 21 and older, only licensed businesses can legally sell or distribute it. Individuals who violate HS 11360 can be charged with a felony or misdemeanor, depending on the circumstances and the amount of marijuana involved.

Penalties for Selling Marijuana Without a License

Violations of HS 11360 can result in significant legal consequences. The penalties depend on factors such as the amount of marijuana involved, the defendant’s criminal history, and whether minors were involved.

• Misdemeanor charges: If the amount of marijuana is small and the defendant has no prior criminal record, they may face misdemeanor charges. Penalties include up to 6 months in county jail and/or a fine of up to $500.
• Felony charges: In cases involving large amounts of marijuana or repeat offenders, felony charges may apply. Penalties include 2 to 4 years in state prison and substantial fines.
• Enhanced penalties for selling to minors: Selling marijuana to minors results in harsher penalties, including longer prison sentences. This violation is charged as a felony under HS 11361, with up to 7 years in prison.

Legal Defenses to HS 11360 Charges

If you are facing charges under HS 11360, there are several potential defenses that a skilled attorney can use to fight the charges:

1. Lack of intent to sell: The prosecution must prove that you intended to sell or distribute marijuana. If there is no evidence of intent (e.g., no packaging materials, scales, or large amounts of cash), this could be a viable defense.
2. Personal use: Possession of small amounts of marijuana for personal use is legal in California. If you were carrying a personal amount and had no intent to sell, the charges may be dismissed or reduced.
3. Illegal search and seizure: If law enforcement conducted an unlawful search without proper warrants or probable cause, any evidence obtained could be suppressed, leading to a dismissal of charges.
4. Mistaken identity: In some cases, the defendant may have been wrongly accused due to mistaken identity or false accusations.

An experienced defense attorney at KN Law Firm can review the details of your case to determine the best defense strategy.

FAQs About Selling Marijuana Without a License

1. Is it possible to reduce felony charges to a misdemeanor?
Yes, in some cases, an attorney may be able to negotiate a reduction from a felony to a misdemeanor, particularly if the amount of marijuana involved is small and the defendant has no prior record.

2. Can I face federal charges for selling marijuana without a license?
While California has legalized marijuana, it remains illegal under federal law. In most cases, state authorities handle marijuana offenses, but if large quantities or interstate transportation are involved, federal charges may apply.

3. How can I avoid jail time for an HS 11360 conviction?
An experienced criminal defense lawyer may be able to negotiate alternatives to jail time, such as probation, community service, or drug treatment programs.

Contact KN Law Firm for a Strong Defense

If you or a loved one is facing charges for selling marijuana without a license under HS 11360, it is crucial to seek legal representation as soon as possible. The consequences of a conviction can include prison time, heavy fines, and a permanent criminal record, which can affect your future employment, housing, and educational opportunities.

At KN Law Firm, we are committed to providing aggressive and strategic defense for our clients. We understand the complexities of California’s marijuana laws and can help you navigate the legal process. Call us today at (888) 950-0011 for a free consultation. We are located in Glendale and serve clients throughout Los Angeles and surrounding areas. We are available 24/7 to take your call.

Don’t risk your future—reach out to KN Law Firm to discuss your case and begin building a strong defense.