Possession of marijuana for sale
Possessing marijuana for sale, as apposed to simple possession of marijuana, in California is a straight felony offense, punishable by sixteen months or two or three years in the state prison, whereas simple possession may be prosecuted as a misdemeanor, depending on the quantity possessed. An individual convicted of possessing marijuana with the intent to sell it not only faces prison time, but faces a host of additional penalties as well, including probation and heavy fines. An experienced criminal defense lawyer who specializes in California’s drug crime laws and who has mastered the defenses available to this crime is the key to beating this charge.
An individual who is found possessing a large amount of marijuana drugs will likely be charged with possession for sale and, depending on the circumstances, may be charged with simple possession as well. Whether the accused actually sold any marijuana may not even be relevant to the case, as the police aren’t required to prove that the accused sold any drugs, only that he or she had the intent to sell the drugs. Although the accused must have had either the specific intent to sell the drug personally or the specific intent that someone else would sell the drug to be convicted of possession with the intent to sell, this intent may be proven through circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it). In order to establish that the accused not only possessed the marijuana but also had the intent to sell the drug, law enforcement officials and the prosecution will address factors such as the amount of cash that the accused possessed (especially if there were many smaller bills), any “baggies” that the accused possessed (either with or without marijuana in them), any scales that the accused possessed, whether they found any drug paraphernalia (which might indicate personal use rather than possession with the intent to sell), where the drugs were found, any address books or client lists that the accused possessed and the location from which the accused was arrested. In addition, the prosecutor on the case will likely call the arresting officer to testify. He or she will be classified as an “expert” in the field and will therefore be entitled to testify that, based on his or her training and experience as an expert in drug crimes, he or she believed that the accused had the intent to sell the marijuana that he or she possessed. Clearly, only a seasoned criminal attorney who specializes in this specific area of the law would know which defenses to argue to help persuade a judge and jury that this type of evidence isn’t as black and white as it appears.
If the individual accused is convicted, he or she, in addition to serving prison time, may face a maximum $20,000 fine for each offense that is proven against him or her. If the accused is convicted and has a prior conviction for any offense involving marijuana or any offense involving opiates, opium derivatives, certain hallucinogenic drugs or certain other drugs, he or she will not be granted probation nor will he or she be able to have his or her sentence suspended.
Possession of marijuana for sale is a serious offense with serious consequences. The exceptional attorneys at The Kavinoky Law Firm will employ several defenses which may result in an “intent to sell” charge being reduced to a simple possession charge – a charge with much less severe penalties. They have law offices located throughout California, including several in Los Angeles, allowing them to provide their unsurpassed services to anyone in need of an experienced California drug crime defense attorney. To secure the best representation from a firm who knows how to effectively defend against California marijuana charges, contact The Kavinoky Firm today for a free consultation.
