Legal Question in Criminal Law in California

Level of Felony

What the level of a felony when charged with sells and possess on 1 pound of marijuana


Asked on 4/10/09, 4:27 pm

4 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: Level of Felony

In California state law (not Federal), felonies aren't divided into levels. Some have degrees, such as murder.

Possession for sales of marijuana (Health & Safety Code section 11359)is a felony and has a sentencing range of 16 months, 2 years or 3 years in state prison. There are no weight enhancements for marijuana.

Sales of marijuana is a different charge (Health & Safety 11360) and carries 2, 3, or 4 years in state prison.

Probation is a possibility for either charge.

Of course, the best outcome is to beat the charges. There may be legal defenses, search issues, etc.

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Answered on 4/10/09, 7:06 pm
Terry A. Nelson Nelson & Lawless

Re: Level of Felony

Whatever the prosecutor feels he can prove. Get yourself an attorney unless you like prison food and accommodations. Feel free to contact me if serious about doing so.

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Answered on 4/13/09, 3:38 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Level of Felony

Felonies are not categorized into levels under California law. The offense you are talking about carries a maximum sentence of 3 years in state prison. I would need to know more about the facts of your case and your background in order to give you a better idea about what realistically you are looking at.

Consider hiring a lawyer who knows a lot about marijuana, including defending medical marijuana cases. Feel free to visit my website at www.lentzlawfirm.com and the information listed there under the Medical Marijuana Practice Section.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/12/09, 8:19 pm
Scott Linden Scott H. Linden, Esq.

Re: Level of Felony

Are you a medical patient? Are you a caregiver? Were you charged with possession only or possession with intent to distribute? First offense? Ever convicted of any other drug related offenses? What city/county did this occur in?

I'll need a bit more info before I can give you a difinitive answer.

If you would like to discuss this matter in a more private forum, please feel free to contact me directly at the email provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com.

Please Note that this answer does not create an attorney-client relationship. The answer is solely based on the information provided.

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Answered on 4/10/09, 4:51 pm


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