Legal Question in Criminal Law in California
whats the maximum sentence for felony possesion of marijuana with a prior strike in california
Asked on 8/09/10, 10:11 am
2 Answers from Attorneys
Robert Marshall
Law Office of Robert L, Marshall
There is no such thing as felony marijuana possession in California, unless it is possessed for sale.
Possession for sale (Health & Safety Code �11359) and cultivation (�11358) both have a maximum sentence of three years. Sale or transportation (�11360) has a maximum of four years.
With one prior strike under the Three Strikes law, the sentence would be doubled and the person would have to serve 80% of the sentence, not half time. People with strikes are not eligible for probation.
Answered on 8/14/10, 10:27 am
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. Marshall.
Answered on 8/14/10, 11:23 am
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