HS 11359: Possession of Marijuana for Sale – California Law
HS 11359 makes it a felony to possess cannabis with the intent to sell it. Penalties include up to three years in prison and fines. Prop 64 allows some convictions to be reduced or dismissed.
What Is California Health & Safety Code 11359?
California Health and Safety Code 11359 makes it illegal to possess cannabis with the intent to sell it. This law targets anyone who holds marijuana for sale, not just for personal use. It applies to flower, edibles, concentrates, and other cannabis products.
- Understand the elements – The prosecution must prove you possessed a usable amount of cannabis and intended to sell it. Intent can be shown by quantity, packaging, scales, or large amounts of cash.
- Know the difference from simple possession – Simple possession (HS 11357) is usually an infraction, while possession for sale is a felony. The key is intent to sell, which elevates the charge.
- Recognize who can be charged – Anyone 18 or older can face HS 11359. Minors may be handled in juvenile court, but adults face adult penalties.
- Note the legal context – Even with Prop 64 legalizing adult use, selling without a license remains illegal. HS 11359 still applies to unlicensed sales.
If you're facing this charge, understanding the law is the first step. Our team at Cannavine Cannabis Dispensary in Ukiah can't give legal advice, but we can help you understand the landscape and point you to resources.
Proposition 64 Resentencing for HS 11359
Proposition 64, passed in 2016, allows people with prior HS 11359 convictions to petition for resentencing or dismissal. If your conviction involved conduct that would be legal under current law, you may be eligible.
A good fit if…
- Your conviction is from before Prop 64 – You can ask the court to reduce or dismiss it.
- You have no other disqualifying factors – Certain prior offenses may limit eligibility.
- You want to clear your record – A dismissal can help with employment, housing, and professional licenses.
Consider another option if…
- Your conviction involved sales to minors – This may not be eligible for relief.
- You have multiple prior drug convictions – Eligibility depends on the specifics.
To decide, consult a criminal defense attorney who can review your record and file the petition. Many courts have forms and procedures you can follow with legal help.
Defenses Against a Possession for Sale Charge
Several defenses can challenge an HS 11359 charge. The right one depends on the facts of your case.
A good fit if…
- You didn't intend to sell – If the cannabis was for personal use, you can argue lack of intent.
- You had a valid medical recommendation – Legal possession for personal medical use may be a defense.
- The search was illegal – If police violated your Fourth Amendment rights, evidence may be suppressed.
Consider another option if…
- You were caught with large quantities and packaging – This makes intent harder to refute.
- You admitted to selling – Statements can be used against you.
An experienced attorney can evaluate which defense applies. They can also explore immigration consequences, as a felony can affect non-citizens.
Penalties for HS 11359: Felony or Misdemeanor?
HS 11359 is a felony, not a misdemeanor. Penalties vary based on the case.
| Factor | Typical Range | Notes |
|---|---|---|
| Prison | 16 months, 2 years, or 3 years | Determined by the judge based on circumstances. |
| Fines | Up to $10,000 | Varies by case; may be higher for sales to minors. |
| Probation | Possible instead of prison | Conditions may include drug testing and classes. |
| Drug diversion | Not typically available | This is a felony, so diversion programs are limited. |
If you're convicted, you may face a permanent record, which can affect employment and housing. Prop 64 may offer relief for prior convictions.
Pollution in California
Pollution in California is a serious issue caused by the state's large population, geography, and climate. The combination of millions of people, valleys that trap air, and warm weather leads to high levels of smog and particulate matter. This pollution contributes to health problems like asthma and lung disease. Water pollution also affects lakes and rivers, with many bodies of water failing to meet quality standards. For residents of Ukiah and surrounding areas, understanding these environmental challenges is part of living in California. While cannabis cultivation can have environmental impacts, licensed dispensaries like Cannavine follow regulations to minimize harm. If you're concerned about pollution, you can take steps like supporting clean energy and reducing waste.
Directions to our cannabis dispensary in Ukiah from Mendocino Brewing Company
Start at Mendocino Brewing Company and head to Cannavine Cannabis Dispensary (Ukiah) at 1230 Airport Park Blvd, Ukiah, CA 95482.
Get Legal Help for Your HS 11359 Case in Ukiah
If you've been charged with HS 11359 in Ukiah, act quickly. A lawyer can protect your rights and explore defenses or Prop 64 relief.
- Find a criminal defense attorney – Look for someone experienced with California drug laws and local courts.
- Gather your case documents – Bring police reports, bail papers, and any evidence to your first meeting.
- Discuss your options – Your attorney will explain possible outcomes, from dismissal to plea deals.
- Consider Prop 64 relief – If you have a prior conviction, ask about resentencing or dismissal.
While we can't provide legal advice, our team at Cannavine Cannabis Dispensary in Ukiah is here to support the community. Visit us at 1230 Airport Park Blvd, open daily from 9 AM to 8:30 PM.
For details on services and visits, see the main page about cannabis dispensary ukiah.
Sources
Also asked as
- What is California Health and Safety Code 11359?
- Is possession with intent to sell a felony in California?
- Can Prop 64 help reduce an HS 11359 conviction?
Frequently asked questions
Is HS 11377(a) a felony?
HS 11377(a) is possession of a controlled substance, typically a misdemeanor for first offenses, but can be a felony with prior convictions. It's different from HS 11359, which is always a felony.
How much time do you get for drug possession in California?
For simple possession (HS 11357), penalties are usually minor, like a fine or community service. For possession for sale (HS 11359), you can face up to three years in prison.
What is the new drug law in California?
Proposition 64 legalized adult recreational cannabis use and allowed some prior convictions to be reduced or dismissed. It also created a framework for licensed sales.
What is the most common felony charge in California?
Drug offenses, including possession for sale, are among the most common felonies. However, exact rankings vary by county and year.
Does a felony go away after 7 years in California?
No, a felony stays on your record indefinitely unless you get it expunged or reduced through legal processes like Prop 64 relief.