If you are charged with marijuana sales or possession of marijuana for sale, you were likely charged under Health and Safety Code Section 11359. Under this charge, every person who possesses for sale any marijuana, expect as provided by law, shall be imprisoned in a state prison.
Possessions for sale cases are very serious.
Typically, the police officers conducted a search of a residence or business to uncover the evidence of the marijuana. They also look for packaging materials, such as baggies, scales, currency and pay and owe sheets showing the sale of the marijuana.
Typically anything over an ounce is considered for sale. However, if the marijuana is packaged for purposes of sale and is less than 1 ounce, a charge can still be made for possession for sale.
Possession for sale of marijuana does not offer drug diversion as an option for sentencing. Therefore, if convicted in such a case, you will likely not have your case dismissed under Penal Code Section 1000 (drug diversion).
However, this does not necessarily mean you cannot successfully defend your case. Because a search warrant was likely obtained, there are motions that can be filed to exclude the marijuana evidence from being admitted in court. Some various motions that can be made on a defendant’s behalf are: motions to quash, traverse the search warrant or a motion to disclose the identity of a confidential informant. These motions can sometimes cause the prosecution’s case to be dismissed, if they are prepared strategically and present valid legal points.
Search warrant law is very complex. As such, the officers executing a search warrant must follow every aspect of the law in order to validly execute a search. If it can be determined that they did not follow the laws properly, a warrant can be deemed invalid and a judge can dismiss the evidence and, sometimes the entire case.
The Law Offices of Stull & Stull utilizes their knowledge and experience in approaching your defense aggressively and proactively to achieve the best possible results for you.
If you or someone you know has been accused or arrested for possession or sales of marijuana, please contact us immediately to discuss the facts and circumstances of the case. Time is of the essence in order to preserve evidence, order interviews, prepare motions, obtain photographs and propound discovery.
Please contact us as soon as possible to educate you on the laws of possession for sale and answer your questions and remember the initial consultation is free.
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