11360 HS – California Marijuana Sales & Transport Law

My Rights Law’s Marijuana Defense Attorneys Can Help You Reduce The Consequences Of Your Charges

Marijuana is one of the more nuanced drugs under the control of the California Health and Safety Code. While the status of marijuana use is more liberal than that of other controlled substances, like methamphetamine or heroin, there are scenarios that can get you in a lot of legal trouble. The main one is section 11360 HS, according to which it is a criminal offense to sell, give away, transport, or import marijuana into California unless you have the corresponding license. Even though recreational and medical marijuana use is legally permitted for adults under Proposition 64, 11360 HS targets unlicensed sales and transportation of cannabis products. This means that if you possess marijuana for sale without a proper license, you may be charged with a California drug crime offense.

In simple terms, this Health and Safety Code section doesn’t prohibit using marijuana. 11360 HS makes it a crime to sell, import into California, or transport marijuana if you are not authorized to do it by law.

This statute applies to both recreational and medical forms of marijuana, meaning that transporting marijuana without a license may still be prosecuted under the Health and Safety Code 11360. It also includes attempts to import cannabis into the state or to transport marijuana to another party in or out of state.

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Legal Defenses to HS 11360 Charges

If you’ve been charged with unlawful marijuana sales in California, an experienced marijuana possession attorney can help evaluate defenses based on how the arrest was made and what evidence the state has. Below are two of the most common legal defenses:

Illegal Search or Seizure

It is surprising how many arrests happen unlawfully. Lack of warrant or probable cause, in addition to excessive force, means they violate the Fourth Amendment, according to the California Penal Code. If any of these happened to you during the search or the arrest, your defense attorney can file a motion to suppress based on that violation. If it goes through (and it usually does), any evidence found through illegal searches and seizures can be nulled.

Such evidence can drastically weaken the prosecution’s position, making the whole case much more favorable. For example, if grams of concentrated cannabis were seized during an unlawful traffic stop, that evidence could be thrown out, resulting in dismissed charges or a better plea deal.

No Intent to Sell

The most important aspect of any marijuana-related case is the intent to sell it. Therefore, proving that the possession of marijuana was only for personal or medical use can be your winning card in the courtroom. To show that the marijuana was for personal use and not for distribution, you need to prove that it was only for recreational use. You are legally permitted to use marijuana if there is no more than 28.5 grams in your possession and there is no paraphernalia like scales or packaging, or large sums of money involved. Defense attorneys know how to look for such information that can help prove your innocence.

In some HS 11360 cases, marijuana possession and use are legally permitted to some patients under California’s medical marijuana law, and they may be able to assert their rights if they had the proper physician’s recommendation and weren’t actually violating HS 11360 selling marijuana regulations.

Marijuana Sales vs Transportation – What’s the Legal Difference?

Under California Health and Safety Code § 11360, it’s a crime to:

Sell cannabis to another person without a license
Transport marijuana for sale within California
Give away marijuana unlawfully
Import into this state any amount of cannabis for distribution or sale

Transportation of marijuana refers specifically to moving cannabis from one location to another, with the intent to sell, while sale refers to the actual transaction. Both actions are criminal offenses if you’re not authorized under California’s licensing laws. Importantly, even attempts to import cannabis into California without proper authority can result in prosecution.

Even if no sale has occurred, it is still illegal to state or transport any cannabis with the intent to distribute it. Health and Safety Code section 11360 can be prosecuted even without the actual fact of the transaction. These charges apply to possessing a wide range of cannabis that includes marijuana concentrates such as hash, edible forms, and joints.

Penalties for HS 11360

Possessing marijuana with the intent to sell comes with a wide range of punishments, based on the amount of marijuana you were caught with and other factors. Here is what you need to know in terms of probable penalties for HS 11360 marijuana offenses:

Misdemeanor vs Felony Charges

Whether you’re convicted of a misdemeanor or a felony under safety code 11360 HS depends on multiple factors, including:

The quantity of marijuana or cannabis concentrate involved
Your criminal history or any prior convictions
Whether you allegedly sold marijuana to a minor
Whether the marijuana was imported into California
Whether the sale or distribution occurred for profit

Misdemeanor charges typically apply when less than 28.5 grams of marijuana or 8 grams of concentrated cannabis are involved and the defendant has no serious priors. Penalties may include:

Up to 6 months in county jail
A fine of up to $500
Community service or probation

Offenses can be prosecuted as a felony charge in HS 11360 marijuana sales cases that involve:

Large quantities or grams of concentrated cannabis
Sale to a minor
Prior felony conviction
Evidence of organized trafficking or attempts to import

A felony conviction will result in:

2 to 4 years in state prison
Substantial fines
Collateral consequences such as loss of professional licenses and immigration complications

Can Charges Be Reduced Under Prop 64?

In 2016, adult recreational use of cannabis (like edible forms of marijuana) was legalized thanks to California voters through Proposition 64. This way, many marijuana related California offenses for HS 11360 were reclassified from felonies to misdemeanors. The law also allows individuals previously convicted of now-legal or downgraded marijuana crimes to petition for resentencing or record expungement.

This means that if you were arrested with the violation of HS 11360 before Prop 64 took effect – and the amount and circumstances of your offense meet the reduced criteria – you may be eligible for relief. An experienced attorney can help file a petition and argue that your charges should be reduced or dismissed entirely under this law.

Is Possession with Intent to Sell Covered Under 11360 HS?

Possession with intent to sell is not charged under HS 11360 marijuana sales regulation, but rather under HS 11359, which is still a crime in California and is a part of a different section of the Health and Safety Code.

Difference Between HS 11360 and HS 11359

HS 11359 makes it illegal to possess marijuana for the purpose of selling it, even if no sale or transport for sale occurred.
HS 11360, on the other hand, targets actual conduct involving the sale, as well as transporting or giving away marijuana.

For instance, if someone is caught with large amounts of marijuana, packaging materials, scales, and cash, but no sale has taken place, they are more likely to face charges under HS 11359, not 11360.

Understanding this distinction is key when building your defense. Your attorney will look closely at whether the prosecution has enough evidence to prove actual distribution rather than just intent to sell.

Get Legal Help for HS 11360 Marijuana Charges Today

If you’re facing HS 11360 marijuana sales charges, don’t wait. These are serious allegations that can carry years in prison, steep fines, and a permanent criminal record. But with the right marijuana possession attorney, there’s hope.

At our law firm, we are dedicated to defending your rights and are aware of the subtleties of the Health and Safety Code and know how to fight HS 11360 charges. We can assist you whether you were charged with unlawful marijuana sales or transportation of a small amount.

In addition to determining if the marijuana was used for personal or medical purposes, our legal team will check your arrest for any unlawful searches and seizures and determine whether Proposition 64 provides a chance to lower or drop the charges.

We think your future shouldn’t be defined by a marijuana offense. To arrange a private consultation, give us a call right now. Our lawyers will battle to protect your freedom and maintain a spotless record.

Speak with a defense team that takes results seriously. Throughout the entire legal process, we are prepared to assist.