California Health and Safety Code §11359 makes it unlawful to “possess for sale, any marijuana, except as otherwise provided by law”. The section is exclusively for possession for sale of marijuana, all other controlled substances and narcotics are regulated by California Health and Safety Code § 11351.
There is no set numerical value or test to show a person is guilty of Possession for Sale. Instead, a subjective test is used to prove that the person had intent to sell the drugs in their possession. To prove intent, Prosecution uses the Totality of Circumstances Method. The Totality of Circumstances method uses the specific facts and circumstances surrounding a case to make an argument.
If a person is found with a bag containing 20 baggies of carefully weighed out marijuana inside and a handful of cash in high bills, Prosecution will argue that they had carefully measured baggies to sell to customers, and the cash was from the sales they had already made. However, an experienced San Diego Criminal Defense Attorney can prepare a powerful defense that will present the facts in your favor.
With a Totality of Circumstances method there is plenty of room for negotiation and defense. A knowledgeable Criminal Defense attorney can provide the strong argument needed to have a case reduced or dismissed. In addition, a majority of cases are offered a plea bargain. An attorney can tell you if the plea bargain offered is the best possible resolution for a case.
Using effective argument, your case may be dismissed. If Prosecution cannot prove that a person had the intent to sell the drugs in their possession the charges may be dropped, or reduced to a Drug Possession. A Drug Possession charge allows many people to complete a Drug Diversion program. Once completed, the Drug Possession charge will be dismissed.s