Health and Safety Code 11360

If you’ve been charged with selling or transporting Marijuana in California, you face an uphill battle. Violation of California Health and Safety Code 11360 is a felony offense. If found guilty, opportunities for employment, housing, and other government aid may no longer be available to you. A person’s criminal record is more available now than ever before and even if California passes laws to make the recreational use of Marijuana legal, those with past Marijuana offenses will still be left with a criminal record.


At MacGregor & Collins, LLP, our Marijuana defense lawyers have more than forty years of combined experience assisting those faced with drug crimes. By taking advantage of our free consultation, you will receive a free case evaluation that can help you better understand the charges and potential penalties that you are facing.


HS 11360 Defined


According to California Health and Safety Code 11360, it is illegal to carry out the following acts with Marijuana:


  • Give away
  • Selling
  • Transporting


In fact, the fines for sales verses possession of marijuana in the same amount are far greater.


In order to prosecute for California Health and Safety Code 11360, prosecutors for the state of California will need to establish that you:


  • sold, offered, transported or gave away Marijuana


The following is an example that could be considered a violation of HS 11360:


Ted is going to a party and decides to bring some Marijuana with him. At the party, a person asks if they can have some Marijuana to have for later. Ted gives that person some Marijuana, but the person he gave it to is later caught by the police and tells them that they received their Marijuana from Ted.


Although Ted did not sell the Marijuana, he can still be prosecuted for violating HS 11360.


Penalties for Those Convicted of 11360 Violations


Selling Marijuana in California is a felony that is punishable by:


  • Up to  4 Years in a California State Prison. If the buyer or recipient was a minor at the time, penalties can be increased.



Those found selling marijuana of up to one ounce, and no more, may be charged with an infraction of up to $100. This leniency does not include concentrated cannabis of less than one ounce, or 28.5 grams. Refer to other Marijuana California penal codes for more information about related offenses.


Legal Assistance for Marijuana Offenses


Those convicted of Marijuana charges for California Penal Health and Safety Code Section 11360 do have options. It is not uncommon for alleged criminals to make mistakes early on in their case that jeopardize their chances of obtaining a favorable case outcome. By speaking with a skilled criminal defense attorney, you can receive information that may help you and your loved ones avoid jail time.  Call us today to take advantage of your free confidential case evaluation and find out what your options are.

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