“If there is one characteristic that defines me, it is my belief in human dignity, my belief that my client's life is just as important now as it was on the day they were born.” - Michael Guisti

Tap to Call (888) 478-8999
Our Legal Team Is Standing By
Home Criminal Defense Drug Crimes Marijuana Sales

Orange County Marijuana Sales Attorney

Accused of Selling Marijuana? California Health and Safety Code 11360

Under California Health and Safety Code 11360, it is a felony to sell, give away, or transport marijuana, which is strange as most courts rarely punish pot-buyers. In fact, marijuana sales laws are so strict that merely offering is considered illegal—even though no money or pot exchanged hands. Many arrests made in marijuana sales cases occur after an undercover cop asks to buy weed from a suspect. Once a suspect offers to sell pot, the undercover officer can arrest the suspect. Under HS 11360, if police observe you simply handing over pot—regardless if any money was exchanged—you could be arrested and charged.

Potential Defenses for Your Marijuana Sale Case

When attempting to prove that a marijuana sale took place, the prosecution will try to produce physical evidence and have the arresting officer testify as to what happened. Even though HS 11360 states no physical evidence is needed for an arrest—only an offer to sell—the problem for the prosecution is that if there is no physical evidence of weed or money, it becomes quite difficult to press felony charges. Since there is no physical evidence, the DA at best must rely on testimony from the arresting police officer.

Example of Entrapment by OC Police

Police aren't allowed to lure people into carrying out a crime that they most likely wouldn't have done if not for the interference of law enforcement. One common police trap is having an undercover officer approach a "known" marijuana seller and convincing him to sell him pot. After some hesitation, the undercover officer—after pleading—convinces the suspect to sell pot, after which he is arrested. Police are never allowed to entrap you; if police set you up, it is likely your case could be dismissed.

If Convicted of Pot Sales…

Selling marijuana is a felony in California and cannot be reduced to a misdemeanor. If convicted, you could face 2 to 4 years in state prison; however, if you were just transporting or giving away up to one ounce of pot, the courts take a more lenient view and will usually impose only a $100 fine, plus court costs. HC 11361 demands longer prison-times for marijuana sales if the alleged buyer was a minor. If convicted of selling to a minor you face up to 5 years in state prison if the minor buyer was 14 years old or older, and up to 7 years in prison if the minor buyer was younger than 14 years old.

Call Our Orange County Marijuana Defense Attorney at (714) 530-9690

Having been accused of drug sales in OC may seem intimidating, especially in light of limited evidence needed for police to arrest you, but with the experienced legal defense team, there is hope. We understand you may be a little scared, but we are here to handle your case in best possible way.

Additional Information

Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.

(714) 530-9690

Payment options available:

Payment options available:

Client Reviews

“It was strongly recommended that I call federal defense attorney Michael L. Guisti. He had several investigators look at records and such, and my federal case was dismissed. Michael Guisti does what few attorneys can do, beat the federal government, and that is why if you’re in trouble with the government you need to call Michael Guisti right away!”

- G.O. on

Rating:5/5

“I had everything to lose, my future, my education. Basically I did something that got me a misdemeanor, and the judge wanted to give a guilty plea. But Michael Guisti would not back down. Instead he fought for me, and now my record is clean.”

- Client on

Rating:5/5

“Back in 2003 I was facing attempted murder. My family hired Michael Guisti to represent me. He is a very good attorney. He always answered my calls, addressed my questions and concerns, and kept me updated about my case. Thank you Michael Guisti for winning my case. I highly recommend anyone facing a criminal charge to see Michael Guisti.”

- J.D. on

Rating:5/5

Case Results

sex crimes

Case Dropped

Young man charged and arrested for sexual battery.

assault

Case Dropped

Man charged with assault with a deadly weapon for hitting someone in the face with a heavy metal dust pan.

drug crimes

Served Less Than 30 Days in Jail

Young man charged with selling 1000 tabs of ecstasy to undercover officer.

Attempted Murder

Reduced to Assault With Deadly Weapon

Young man knocks the eye out his victim with a metal pipe. Charged with attempted murder and aggravated mayhem. Both cases carried life sentences.

Assault & Battery

Serves 80 Days on Work Furlough

Woman arrested and charged with assault with a deadly weapon using scissors on a co-worker.

Vehicular Assault

Serves 80 Days on Work Furlough

Man charged with three felony counts of vehicular assault with a deadly weapon.