Legal Question in Criminal Law in California

Every person who possesses for sale any marijuana, except as

otherwise provided by law, shall be punished by imprisonment

pursuant to subdivision (h) of Section 1170 of the Penal Code.

Because it all depends on the judge, the police conduct, the circumstances and whether you have a record, I can't give an exact estimate. YOU DO NEED AN ATTORNEY THOUGH.

The BEST ATTORNEY'S I know for these matters are: http://www.shouselaw.com. Check them out and tell them I referred you.

Now for some boring legal mumbo-jumbo I downloaded from Westlaw for you. You don't have to read it, but it might come in handy.

(a) (1) The Legislature finds and declares that the purpose

of imprisonment for crime is punishment. This purpose is best served

by terms proportionate to the seriousness of the offense with

provision for uniformity in the sentences of offenders committing the

same offense under similar circumstances. The Legislature further

finds and declares that the elimination of disparity and the

provision of uniformity of sentences can best be achieved by

determinate sentences fixed by statute in proportion to the

seriousness of the offense as determined by the Legislature to be

imposed by the court with specified discretion.

(2) Notwithstanding paragraph (1), the Legislature further finds

and declares that programs should be available for inmates,

including, but not limited to, educational programs, that are

designed to prepare nonviolent felony offenders for successful

reentry into the community. The Legislature encourages the

development of policies and programs designed to educate and

rehabilitate nonviolent felony offenders. In implementing this

section, the Department of Corrections and Rehabilitation is

encouraged to give priority enrollment in programs to promote

successful return to the community to an inmate with a short

remaining term of commitment and a release date that would allow him

or her adequate time to complete the program.

(3) In any case in which the punishment prescribed by statute for

a person convicted of a public offense is a term of imprisonment in

the state prison of any specification of three time periods, the

court shall sentence the defendant to one of the terms of

imprisonment specified unless the convicted person is given any other

disposition provided by law, including a fine, jail, probation, or

the suspension of imposition or execution of sentence or is sentenced

pursuant to subdivision (b) of Section 1168 because he or she had

committed his or her crime prior to July 1, 1977. In sentencing the

convicted person, the court shall apply the sentencing rules of the

Judicial Council. The court, unless it determines that there are

circumstances in mitigation of the punishment prescribed, shall also

impose any other term that it is required by law to impose as an

additional term. Nothing in this article shall affect any provision

of law that imposes the death penalty, that authorizes or restricts

the granting of probation or suspending the execution or imposition

of sentence, or expressly provides for imprisonment in the state

prison for life. In any case in which the amount of preimprisonment

credit under Section 2900.5 or any other provision of law is equal to

or exceeds any sentence imposed pursuant to this chapter, the entire

sentence shall be deemed to have been served and the defendant shall

not be actually delivered to the custody of the secretary. The court

shall advise the defendant that he or she shall serve a period of

parole and order the defendant to report to the parole office closest

to the defendant's last legal residence, unless the in-custody

credits equal the total sentence, including both confinement time and

the period of parole. The sentence shall be deemed a separate prior

prison term under Section 667.5, and a copy of the judgment and other

necessary documentation shall be forwarded to the secretary.

(b) When a judgment of imprisonment is to be imposed and the

statute specifies three possible terms, the court shall order

imposition of the middle term, unless there are circumstances in

aggravation or mitigation of the crime. At least four days prior to

the time set for imposition of judgment, either party or the victim,

or the family of the victim if the victim is deceased, may submit a

statement in aggravation or mitigation to dispute facts in the record

or the probation officer's report, or to present additional facts.

In determining whether there are circumstances that justify

imposition of the upper or lower term, the court may consider the

record in the case, the probation officer's report, other reports,

including reports received pursuant to Section 1203.03, and

statements in aggravation or mitigation submitted by the prosecution,

the defendant, or the victim, or the family of the victim if the

victim is deceased, and any further evidence introduced at the

sentencing hearing. The court shall set forth on the record the facts

and reasons for imposing the upper or lower term. The court may not

impose an upper term by using the fact of any enhancement upon which

sentence is imposed under any provision of law. A term of

imprisonment shall not be specified if imposition of sentence is

suspended.

(c) The court shall state the reasons for its sentence choice on

the record at the time of sentencing. The court shall also inform the

defendant that as part of the sentence after expiration of the term

he or she may be on parole for a period as provided in Section 3000.

(d) When a defendant subject to this section or subdivision (b) of

Section 1168 has been sentenced to be imprisoned in the state prison

and has been committed to the custody of the secretary, the court

may, within 120 days of the date of commitment on its own motion, or

at any time upon the recommendation of the secretary or the Board of

Parole Hearings, recall the sentence and commitment previously

ordered and resentence the defendant in the same manner as if he or

she had not previously been sentenced, provided the new sentence, if

any, is no greater than the initial sentence. The resentence under

this subdivision shall apply the sentencing rules of the Judicial

Council so as to eliminate disparity of sentences and to promote

uniformity of sentencing. Credit shall be given for time served.

(e) (1) Notwithstanding any other law and consistent with

paragraph (1) of subdivision (a), if the secretary or the Board of

Parole Hearings or both determine that a prisoner satisfies the

criteria set forth in paragraph (2), the secretary or the board may

recommend to the court that the prisoner's sentence be recalled.

(2) The court shall have the discretion to resentence or recall if

the court finds that the facts described in subparagraphs (A) and

(B) or subparagraphs (B) and (C) exist:

(A) The prisoner is terminally ill with an incurable condition

caused by an illness or disease that would produce death within six

months, as determined by a physician employed by the department.

(B) The conditions under which the prisoner would be released or

receive treatment do not pose a threat to public safety.

(C) The prisoner is permanently medically incapacitated with a

medical condition that renders him or her permanently unable to

perform activities of basic daily living, and results in the prisoner

requiring 24-hour total care, including, but not limited to, coma,

persistent vegetative state, brain death, ventilator-dependency, loss

of control of muscular or neurological function, and that

incapacitation did not exist at the time of the original sentencing.

The Board of Parole Hearings shall make findings pursuant to this

subdivision before making a recommendation for resentence or recall

to the court. This subdivision does not apply to a prisoner sentenced

to death or a term of life without the possibility of parole.

(3) Within 10 days of receipt of a positive recommendation by the

secretary or the board, the court shall hold a hearing to consider

whether the prisoner's sentence should be recalled.

(4) Any physician employed by the department who determines that a

prisoner has six months or less to live shall notify the chief

medical officer of the prognosis. If the chief medical officer

concurs with the prognosis, he or she shall notify the warden. Within

48 hours of receiving notification, the warden or the warden's

representative shall notify the prisoner of the recall and

resentencing procedures, and shall arrange for the prisoner to

designate a family member or other outside agent to be notified as to

the prisoner's medical condition and prognosis, and as to the recall

and resentencing procedures. If the inmate is deemed mentally unfit,

the warden or the warden's representative shall contact the inmate's

emergency contact and provide the information described in paragraph

(2).

(5) The warden or the warden's representative shall provide the

prisoner and his or her family member, agent, or emergency contact,

as described in paragraph (4), updated information throughout the

recall and resentencing process with regard to the prisoner's medical

condition and the status of the prisoner's recall and resentencing

proceedings.

(6) Notwithstanding any other provisions of this section, the

prisoner or his or her family member or designee may independently

request consideration for recall and resentencing by contacting the

chief medical officer at the prison or the secretary. Upon receipt of

the request, the chief medical officer and the warden or the warden'

s representative shall follow the procedures described in paragraph

(4). If the secretary determines that the prisoner satisfies the

criteria set forth in paragraph (2), the secretary or board may

recommend to the court that the prisoner's sentence be recalled. The

secretary shall submit a recommendation for release within 30 days in

the case of inmates sentenced to determinate terms and, in the case

of inmates sentenced to indeterminate terms, the secretary shall make

a recommendation to the Board of Parole Hearings with respect to the

inmates who have applied under this section. The board shall

consider this information and make an independent judgment pursuant

to paragraph (2) and make findings related thereto before rejecting

the request or making a recommendation to the court. This action

shall be taken at the next lawfully noticed board meeting.

(7) Any recommendation for recall submitted to the court by the

secretary or the Board of Parole Hearings shall include one or more

medical evaluations, a postrelease plan, and findings pursuant to

paragraph (2).

(8) If possible, the matter shall be heard before the same judge

of the court who sentenced the prisoner.

(9) If the court grants the recall and resentencing application,

the prisoner shall be released by the department within 48 hours of

receipt of the court's order, unless a longer time period is agreed

to by the inmate. At the time of release, the warden or the warden's

representative shall ensure that the prisoner has each of the

following in his or her possession: a discharge medical summary, full

medical records, state identification, parole medications, and all

property belonging to the prisoner. After discharge, any additional

records shall be sent to the prisoner's forwarding address.

(10) The secretary shall issue a directive to medical and

correctional staff employed by the department that details the

guidelines and procedures for initiating a recall and resentencing

procedure. The directive shall clearly state that any prisoner who is

given a prognosis of six months or less to live is eligible for

recall and resentencing consideration, and that recall and

resentencing procedures shall be initiated upon that prognosis.

(f) Notwithstanding any other provision of this section, for

purposes of paragraph (3) of subdivision (h), any allegation that a

defendant is eligible for state prison due to a prior or current

conviction, sentence enhancement, or because he or she is required to

register as a sex offender shall not be subject to dismissal

pursuant to Section 1385.

(g) A sentence to state prison for a determinate term for which

only one term is specified, is a sentence to state prison under this

section.

(h) (1) Except as provided in paragraph (3), a felony punishable

pursuant to this subdivision where the term is not specified in the

underlying offense shall be punishable by a term of imprisonment in a

county jail for 16 months, or two or three years.

(2) Except as provided in paragraph (3), a felony punishable

pursuant to this subdivision shall be punishable by imprisonment in a

county jail for the term described in the underlying offense.

(3) Notwithstanding paragraphs (1) and (2), where the defendant

(A) has a prior or current felony conviction for a serious felony

described in subdivision (c) of Section 1192.7 or a prior or current

conviction for a violent felony described in subdivision (c) of

Section 667.5, (B) has a prior felony conviction in another

jurisdiction for an offense that has all of the elements of a serious

felony described in subdivision (c) of Section 1192.7 or a violent

felony described in subdivision (c) of Section 667.5, (C) is required

to register as a sex offender pursuant to Chapter 5.5 (commencing

with Section 290) of Title 9 of Part 1, or (D) is convicted of a

crime and as part of the sentence an enhancement pursuant to Section

186.11 is imposed, an executed sentence for a felony punishable

pursuant to this subdivision shall be served in state prison.

(4) Nothing in this subdivision shall be construed to prevent

other dispositions authorized by law, including pretrial diversion,

deferred entry of judgment, or an order granting probation pursuant

to Section 1203.1.

(5) The court, when imposing a sentence pursuant to paragraph (1)

or (2) of this subdivision, may commit the defendant to county jail

as follows:

(A) For a full term in custody as determined in accordance with

the applicable sentencing law.

(B) For a term as determined in accordance with the applicable

sentencing law, but suspend execution of a concluding portion of the

term selected in the court's discretion, during which time the

defendant shall be supervised by the county probation officer in

accordance with the terms, conditions, and procedures generally

applicable to persons placed on probation, for the remaining unserved

portion of the sentence imposed by the court. The period of

supervision shall be mandatory, and may not be earlier terminated

except by court order. During the period when the defendant is under

such supervision, unless in actual custody related to the sentence

imposed by the court, the defendant shall be entitled to only actual

time credit against the term of imprisonment imposed by the court.

(6) The sentencing changes made by the act that added this

subdivision shall be applied prospectively to any person sentenced on

or after October 1, 2011.

(i) This section shall become operative on January 1, 2014.

there's a potential range for any criminal case ... in some cases it is a very large range of potential punishment. If your attorney can get the charge (or some of the charges) dismissed or reduced, the corresponding range of potential punishment will be lessened.

The actual disposition & sentencing will be mainly up to your attorney and how they handle it with the DA assigned to the case. That will be affected as Mr Wheeler indicates, by what is written in the police report, what other evidence there is, what investigation or other mitigation your attorney can bring into the mix and definitely will be affected by the prior record, if any.

If there is a jury trial, the disposition or result will be up to the jury & judge. New charges can be added by the DA at any time prior to trial, so, what is being charged now can change for 'better' or 'worse.'

I suggest you talk about the details to a few criminal defense attorney in your local area (where the case will be heard) Good luck!