Sale of Marijuana in California – CHSC 11360

If you are facing any one of the many marijuana cultivation, sale or possession charges available under the California penal code, you should consider speaking with a Los Angeles marijuana lawyer about your case. There is a significant chance that your attorney can help reduce your charges or have them dismissed all together.

Many defendants facing a cultivation charge similarly face concurrent charges of possession with intent to sell. However, the prosecution is under a duty to prove all elements of every charge against you and if the facts do not support a clear intent on your part to sell, this charge should be dropped.

Defenses to Marijuana Crimes

There are a number of defenses available in California for those charged with one of the various marijuana-related crimes. Rest assured that your Los Angeles marijuana sale lawyer is well-versed on California’s laws and can raise every appropriate defense on your behalf. The California Compassionate Use Act provides allowances for caregivers and those suffering from terminal illnesses to possess and cultivate marijuana.

Elements of the Crime

When you initially meet with your Los Angeles marijuana sale lawyer, he or she will want to review the specific facts of your case to ensure that they meet the elements of the crime. For example, if you were charged with possession for sale of marijuana, the prosecution must prove each of the following elements:

  1. you possessed a controlled substance (marijuana);
  2. you knew of its presence and its status as a controlled substance;
  3. at the time you possessed the controlled substance you had the intent to sell it;
  4. the controlled substance was, in fact, marijuana; and
  5. it was a usable amount of marijuana.

Although buying marijuana is a misdemeanor, selling marijuana is a serious felony. If you were recently charged with a marijuana-related crime, including possession with intent to sell, do not delay. Contact Dan Cota, Los Angeles marijuana sale lawyer today to discuss the best course of action for your case. You can reach our offices at (800) 351-6860.

 

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