Defenses to possession of marijuana for sale
Possession of marijuana for sale in California is a strict felony offense, punishable by sixteen months or two or three years in the state prison, heavy fines and a variety of other penalties. An individual’s best chance of avoiding these severe consequences is by hiring a skilled criminal attorney who specializes in California’s drug crime laws and who knows how to effectively employ all of the defenses that are applicable to this offense.
Although there are numerous defenses that may be used to challenge a possession for sale charge, the following are the most common: medical use, lack of knowledge, entrapment and illegal search and seizure. Officers are quick to arrest individuals that are involved in any activity having to do with marijuana and have been known to trump up simple possession cases to possession for sale cases. An experienced attorney is the key to defending this serious charge.
Marijuana has been legalized in California for those seriously ill patients (and their caregivers) who can benefit from the drug’s medicinal properties. These individuals must abide by certain rules and regulations that are set forth in Proposition 215 and Senate Bill 420. If a patient or caregiver falls under the law’s protection, possession for medical marijuana use or distribution may be a defense to this charge.
Lack of knowledge will be particularly applicable to cases where the police relied on constructive or joint possession to arrest the accused. “Possession” necessarily implies knowledge, so a lack of knowledge about the drug or its illegal character will automatically challenge the validity of the arrest.
Entrapment, though difficult to prove, may be argued if the accused possessed and intended to sell the marijuana only because he or she was pressured or coerced into doing so by law enforcement officials and would not otherwise have engaged in such activity.
Illegal search and seizure is perhaps the most notorious “possession for sale” defense that a skilled criminal attorney will argue. Based on a careful review of the case, the attorney for the accused will be able to determine if his or her client’s Constitutional rights were violated in any way when law enforcement searched for or retrieved the marijuana. This is a very technical defense that only a practiced drug attorney should attempt to argue.
The exceptional California drug crime defense lawyers at The Kavinoky Law Firm have mastered these as well as a host of other defenses that apply to “possession of marijuana for sale” cases and know how to effectively argue each. They are dedicated to protecting the rights of their clients and know what it takes to win. In addition, these outstanding attorneys know the best arguments to convince a judge that a “for sale” charge should be dismissed or reduced to a “personal possession” charge, which would allow the accused to participate in a deferred entry of judgment drug treatment program to avoid any jail or prison time. With law offices in Los Angeles and throughout the state, they are easily within reach of anyone in need of an assertive advocate and a vigorous defense. Contact them today for a free consultation, the most trusted legal advice and unsurpassed representation.
