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California Health and Safety Code Section 11360 HSC: Selling Marijuana

by admin   May 12, 2018   Filed Under: Uncategorized

California Health and Safety Code Section 11360 is a code regarding the legality of marijuana sales in the state of California. The code states that selling, transporting with intent to sell, giving away or importing marijuana into California is illegal without the proper licensing. An exception to this rule is if you are a caregiver for someone who uses marijuana for medical purposes.

Defining Some Terms

When it comes to California Health and Safety Code Section 11360, it is important to understand the legal meanings of a number of terms. These terms include marijuana, administer, transport, selling marijuana, usable amount and concentrated cannabis. Under California Health and Safety Code Section 11360, marijuana is defined as all parts of the plant Cannabis sativa L. This includes the leaves, resin extracted from the plant, the seeds, all salts that come from the plant and all compounds that come from the plant. California Health and Safety Code Section 11360 defines an administer as when you cause someone to ingest, inhale or other wise consume an illegal substance. California Health and Safety Code Section 11360 defines transport as someone who moves something in order for it to be sold. In terms of transporting, not only does the distance that something is moved not matter, but whether you move something by foot, car or bicycle also doesn’t matter. California Health and Safety Code Section 11360 defines selling marijuana as exchanging marijuana for services, money or anything else that has value. This means that trading marijuana for items or using marijuana as a form of currency would both be considered selling marijuana. California Health and Safety Code Section 11360 defines usable amount as an amount large enough for someone to use as a controlled substance. This means that the amount doesn’t have to be enough to get someone high, but it does have to be more than just trace amounts. California Health and Safety Code Section 11360 also defines concentrated cannabis as the separate resin obtained from marijuana.

Potential Penalties for Violating Section 11360

Penalties for violating California Health and Safety Code Section 11360 range from probation all the way to a felony. To start, the softest penalty for violating California Health and Safety Code Section 11360 is misdemeanor probation. Misdemeanor probation consists of drug testing, counseling, community service, searches or your property and occasional progress reports with a judge. If you do not just get probation for a misdemeanor, you can also face up to a year in jail or a $500 fine. The most severe punishment for violating California Health and Safety Code Section 11360 is felony conviction. If convicted of a felony, you may face up to 4 years in jail and forever lose the ability to legally own a firearm in California. While getting a felony for violating California Health and Safety Code Section 11360 is rare, it is usually given to people who have 2 or more prior convictions of violating California Health and Safety Code Section 11360, people who have been convicted of felonies stemming from violence, people who have imported or attempted to import 28.5+ grams of marijuana into California or people who have sold marijuana to someone who is under the age of 18.

Legal Defenses Against Section 11360

Since violating California Health and Safety Code Section 11360 can greatly affect your life, it is important to understand the various ways you can protect yourself from false prosecution. Some of the defensive stances that you can take while being prosecuted are that there is insufficient police evidence, you were unaware of the marijuana or that the police used illegal entrapment tactics. The first defensive stance your attorney can take against a potential California Health and Safety Code Section 11360 violation is saying that there is insufficient evidence to convict you. Some examples of there being insufficient evidence to convict someone is there being no photo evidence of a crime or there being no audio recordings of a crime. Another defensive stance that your attorney can take against a potential California Health and Safety Code Section 11360 violation is saying that you were unaware of the marijuana. This stance could work if you were with someone who was in possession of marijuana and that person happens to confess. The last defensive stance that your attorney can take against a potential California Health and Safety Code Section 11360 violation is that the police used illegal entrapment methods against you. Police entrapment is when the police get you to partake in something you wouldn’t have partaken in without their involvement. For example, an undercover police officer trying to buy a large sum of marijuana from somebody would likely be considered entrapment.