If you have a marijuana or cannabis growing business, legal or illegal, and you have been charged with a marijuana-related crime, contact Marijuana Business Defense Attorney at The H Law Group to represent you and fight for you. We have represented marijuana business owners and have defended them against a variety of criminal offenses. So, if you have been charged with cultivation charges, possession charges, possession for sale and transportation, as well as other marijuana charges, contact the experienced Marijuana Defense Attorney at The H Law Group to defend you and keep you from going to prison. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
At The H Law Group, we represent a variety of businesses and business owners who are involved in all aspects related to marijuana and cannabis. We represent California State Licensed Marijuana Dispensaries, Marijuana Cultivators, Hemp Cultivators, and Marijuana Distributors. So, whether you’re involved in growing marijuana or distributing it, and you’ve had a run-in with the law, we are here to assist you and defend you. Over the years of defending those involved in the Cannabis business, we have gained a lot of insight and knowledge that we will use to defend you and achieve the best outcome for you. We are familiar with state laws, Federal laws, and state and local regulations surrounding marijuana businesses, so we are best suited to represent you in any criminal matters that may arise from your involvement in the cannabis industry.
Prior to January 1st, 2018, it was illegal to sell marijuana in the State of California. However, with the passage of Proposition 64, the legal landscape for the use and sale of marijuana has changed. In the State of California, for a person or business to sell marijuana, he must first obtain a license to do so and operate in accordance with State and Local laws. Any person who violates the law may be charged with a criminal offense.
In California, it is a crime for an individual to possess marijuana with intent to sell under California Health and Safety (HSC) Code Section 11359 without a valid license.
If you’re caught selling marijuana out of a business without a State License to do so, you can be charged with violating HSC 11359. 11359 HSC is usually charged by the prosecution as a misdemeanor offense. However, in some circumstances, the prosecution can bring felony charges. Felony charges are usually brought against individuals who have been convicted of a violent felony, violent sex offenses, or sex crimes against minors. Also, if you have two previous misdemeanor marijuana possessions with intent to sell convictions, the prosecution will bring felony charges against you.
If a person is convicted of misdemeanor marijuana possession with intent to sell, he faces up to six months in county jail, as well as a fine of up to $500. However, if an individual is convicted of felony marijuana possession with intent to sell, he faces up to three years in county jail.
So, how does the prosecution prove an individual had the intent to sell marijuana? The prosecution does so by pointing to circumstantial evidence, such as the large amount of marijuana that you have in your possession, equipment for packaging and weighing marijuana, marijuana divided into different bags for distribution, and the presence of large amounts of cash.
So, if you have a marijuana business cultivating or distributing marijuana, and you have been charged with a criminal offense such as possession with intent to sell, you should immediately contact an experienced Marijuana Defense Attorney at The H Law Group to defend you. We have handled high priority marijuana cases, so we have the knowledge and experience to best defend you and keep you from going to jail.
Although California has legalized the sale of marijuana, a person or a business cannot lawfully sell cannabis without having a license to sell marijuana from the California Bureau of Marijuana Control.
If you choose not to get a license and sell marijuana or transport it within the State of California, the prosecution can charge you with violating California Health and Safety (HSC) Code Section 11360. 11360 HSC makes it a crime to sell, transfer, or transport for sale any amount of marijuana or marijuana concentrate. Said differently, any person who sells or transports marijuana for business purposes without a valid marijuana sales permit can be charged with violating HSC 11360. If an individual is convicted of violating HSC 11360, he will be convicted of a misdemeanor offense, jailed for up to six months, and required to pay a fine of up to $500. This offense is a wobbler, meaning the prosecution has the discretion to charge it as a felony. Usually, first-time offenders are charged with a misdemeanor unless they have been convicted of a violent felony, violent sex offense, or a sex offense involving a child under the age of 14, then they are charged with a felony offense. If convicted of a felony offense, an individual faces a maximum of four years in jail and a payment of a fine of up to $10,000.
If you find yourself in the unfortunate situation of being charged with a cannabis under 11360 HSC or any other offense involving marijuana, you should immediately contact a cannabis business defense attorney to defend you and keep you from being convicted of this crime. Our attorneys have handled high priority marijuana cases, and have been able to achieve excellent results for our clients. So, give us a call and schedule your free consultation today.
HSC 11358 makes it a crime for an individual to cultivate, harvest, dry, and process large amounts of marijuana without having a license to do so. If you have been charged with a marijuana cultivation offense, you should contact a marijuana cultivation defense attorney to represent you and defend you.
If you have been charged with a cannabis or marijuana-related offense, you should immediately contact a Cannabis Business Defense Attorney or Marijuana Business Defense Attorney at The H Law Group to defend you and keep you from going to jail. We have the knowledge and experience to achieve the best possible outcome for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.