Possession of Marijuana with the Intent to Sell
If you are in possession of a large quantity of marijuana, often times you will find yourself being accused of having the intent to sell marijuana as well. It is important to make a distinction between the two crimes because the consequences when you are charged with possession of marijuana with the intent to sell vs. simple possession are very different. In California, possession of marijuana with the intent to sell is a straight felony offense. According to Health and Safety Code section 11359 "Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison."
In order to demonstrate that you had the intent to sell marijuana, rather than simply possess a large quantity of marijuana, the police agency that arrested you will have been looking for additional indicators such as:
- Possession of large amounts of cash, and particularly smaller bills;
- Possession of multiple baggies either with or without marijuana in them;
- Possession of scales;
- Possession of multiple beepers/pagers/cellular phones/pda’s;
- Lack of drug paraphernalia (pipes, rolling papers or bongs) which may indicate personal use rather than intent to sell;
- Address books/Client lists; and
- The location in which you were arrested.
It is important when being charged with possession of marijuana with the intent to sell that you have the representation of an experienced and knowledgeable defense attorney. The attorneys at WILL & WILL, LLP are highly skilled in this arena. Our former prosecutors and career defense attorneys have handled many possession cases, including possession for sale. We are here to help you. Call or fill out our online contact form for a free consultation.
