Orange County Marijuana Sales Attorney
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.
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.
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.
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.
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.
- In 2018, You’re Free to Smoke Marijuana…Sort Of
- Marijuana Goes Legal in California on Jan. 1 - What You Need to Know
- California Cannabis Portal
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.