Marijuana Criminal Defense Attorneys

If you, a family member or friend has been charged with the possession, sales, transport or cultivation of marijuana, Proposition 215 Attorney is dedicated to protecting your rights.

Our work is directed at normalizing medical marijuana in all California laws. Unfortunately, this often consists of defending people accused of medical, religious, or recreational marijuana use, possession, cultivation and distribution. Too often, the government makes no distinction between the possession, or distribution of medical marijuana and the illicit sales of marijuana. Millions have been imprisoned when they should not have been. It is our mission to protect you from the government’s failure.

Proposition 215 Attorney provides knowledgeable advice and aggressive representation for those accused of marijuana offenses. Our office has represented California citizens against felony and misdemeanor charges of marijuana crimes.

As marijuana prohibition continues to be repealed, the nature of the practice of marijuana laws is changing everyday. It is our job to be up to date on every new change in the laws locally, statewide and nationally.

California Health & Safety 11359:

Possession for Sale of Marijuana

“Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison for up to 3 years.”

Possession for sale of marijuana cases usually start with a suspect being arrested with some quantity of marijuana in his possession. The police often suspect the person with marijuana to possess it for sale based on the following factors:

• A large quantity of marijuana is recovered by law enforcement, more than a typical person would have for personal use


• The marijuana is contained in various packages


• The suspect is arrested in a location where sellers or dealers would normally go to sell their stash


• Officers see the suspect engaging in what appears to be hand-to-hand sales


• Defendant is in possession of marijuana but does not have paraphernalia or appear under the influence

Quite often, our office works to either reduce the possession for sales to a simple misdemeanor possession or to win the case altogether.

Health and Safety Code § 11360

Sale of Marijuana

Health & Safety Code 11360 makes it a felony to sell, give away or transport marijuana, or to offer to do so. A person convicted of H&S 11360 can face up to four years in state prison.

Most Marijuana Sales cases result when (1) a person sells marijuana to an undercover police officer, or (2) police observe the suspect sell marijuana to a civilian third party.

Police routinely set up undercover operations, stings and controlled buys to trap suspects selling marijuana. Suspects caught in these stings are contacted via confidential informants.

A skilled marijuana defense lawyer will often exploit defenses in the case-such as entrapment, credibility problems with the officers, and lack of corroboration. Such defenses may allow your attorney to get the charges reduced, dismissed, or the penalties lessened.

Fighting a Marijuana Cultivation Charge

State and Federal Prosecutors take Cultivation of Marijuana cases seriously. The general rule is that the cultivation of even one marijuana plant in California can be punished with up to 3 years in state prison. If a large number of plants are discovered, the person may be charged with HS 11359, possession of marijuana with intent to sell.

When defending our clients, we raise an arsenal of defense against the allegations:

• Authorized cultivation for use as medicinal marijuana and for multiple patients collectively or cooperatively organized. H&S §11362.775


• Cultivation for personal use rather than for sales


• Illegal searches and seizures by the police


• Invalid search warrants


• Insufficient evidence to show that the defendant owned the plants or had the intent to sell marijuana

Personal Use v. Possession for Sale in Marijuana Cases

The key issue in many Health and Safety Code 11358 H&S cases is whether marijuana or marijuana plants were cultivated for personal use or for sale. The prosecution will often charge the suspect with possession of marijuana for sale. Our office often argues that the person’s marijuana was for his/her personal consumption. This distinction greatly affects the charges and ultimate penalties.

Often times, prosecution experts and defense experts will come to court to testify as to whether the circumstances of the marijuana cultivation are more consistent with growing for personal use or growing for sales. Some of the factors they will point to include:

• The number of plants


• The proportion of the plants that is truly usable or sellable marijuana bud (usually less than 10% of the total plant weight)


• The suspect's normal level of personal consumption


• The suspect's financial records (whether there is unexplained money, assets or valuables on hand)


• The presence of other indictors of marijuana sales activity (such as packaging materials, scales, written records or high levels of foot traffic at the location)

If you or a loved one have questions regarding the criminal defense of a marijuana or other criminal charges, please feel free to call or e-mail our offices or contact us via our contact page twenty-four hours a day, seven days a week.