Health and Safety Code 11359

Are you facing charges for Marijuana Possession for Sale? Violation of California Health and Safety Code 11359 is a felony offense. Depending upon the specific circumstances of your case, you could face harsh penalties and costly fines. Although authorities may be lenient for those facing possession charges, a conviction for intent to sell Marijuana can have long-lasting effects on a person’s job opportunities and criminal record. We highly recommend that those charged with violating HS 11359 speak with an experienced California Marijuana attorney about their options to avoid costly mistakes.


What Counts as an HS 11359 Violation?


California Health and Safety Code 11359 outlines the definitions and consequences of possessing marijuana with the intention to resell. Prosecutors will find evidence in factors like large quantities of the substance, excess cash, or a weapon on the offender at the time of arrest.


In order to prosecute for California Health and Safety Code 11359, prosecutors should be ready to provide evidence that you violated¬† one or more of the “six signs of intention to sell marijuana”, which include:


  • Possessing more than one ounce of marijuana
  • Possessing small packages of marijuana
  • The defendant was in an area renowned for marijuana dealing
  • There was no device found that would enable the offender to smoke marijuana themselves
  • The defendant had a lot of cash, or a weapon in their possession
  • There was an undercover officer/s , involved in a transaction


Penalties for 11359 HS Violations


Marijuana Possession for Sale is a felony, and those found guilty can face:

  • Up to $10,000 in fines
  • Up to 3 Years in the California State Prison


There are many legal defenses for Marijuana Possession for Resale, even with these indications involved.  A skilled Marijuana defense attorney can use the evidence used against you in your defense. If police officers conducted an illegal search, your attorney may be able to have it suppressed and have your case dismissed. A conviction for violating any felony penal code is no small matter and should be evaluated by an attorney with a history of success.


California Marijuana Charge Defense


To obtain a free confidential case evaluation from a MacGregor & Collins, LLP attorney, call 949-250-6097 or fill out our contact form. There is no obligation to retain our services and the information you receive could have a substantial impact on your case outcome.

Free Consultation

Criminal Defense Guides