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Marijuana Possession, Cultivation and Sales Defense Attorneys: Violation of Health and Safety Code Sections 11358, 11359, and 11360
Kestenbaum Eisner & Gorin, LLP, is a top-rated criminal defense firm, which is recognized as a Pre-Eminent Top 5% U.S. Law Firm by the national lawyer ratings service Martindale Hubbell. Our Marijuana Possession, Cultivation and Sales Defense Lawyers have over 50 years combined experience in criminal courts defending serious drug crimes throughout all Southern California courtrooms, including the San Fernando Valley, Santa Clarita Valley, and Los Angeles County.
The firm partners are Former Los Angeles Prosecutors and specialize in defending Marijuana Possession, Cultivation and Sales charges, including violations of Health and Safety Code Sections 11359 (Possession for Sale of Marijuana), 11358 (Cultivation of Marijuana) and 11360 (Sale and Transportation of Marijuana). We specialize in the defending Marijuana Possession, Cultivation and Sales offenses in the following courthouses: Van Nuys, San Fernando, Santa Clarita, Burbank, Glendale, Pasadena, Sylmar Juvenile, Pasadena Juvenile, and throughout Los Angeles Superior Courts.
Legal Definition: Marijuana Possession for Sale, Cultivation, and Transportation - Health and Safety Code Sections 11358, 11359, 11360
California law defined these offenses as felonies, which carry the possibility of state prison. For each offense, the prosecution must prove that the defendant knew the drugs were in his or her presence, and that the defendant intended to sell, cultivate, or transport the marijuana.
If the police do not obtain fingerprints from the packaging or containers the marijuana was located in, the defense can contest to whom the drugs truly belonged and argue that the defendant is not responsible for the drug sales or transportation allegations. Further, constitutional violations committed by the police may lead to the entire case being thrown out of court.
Medicinal Marijuana Laws in California: Defense to Felony Marijuana Sale, Transportation, and Cultivation Charges
It is of significant importance that you retain the legal services of an experienced San Fernando Valley and Los Angeles criminal defense attorney who understands how to successfully defend marijuana charges. Our law firm has secured the dismissal of numerous marijuana cases through aggressive representation before charges are even filed, at the preliminary hearing, and in the trial court.
Despite the passage of Proposition 215 in California, some LAPD and LASD officers choose to look the other way, arrest the suspect, seize the medicinal marijuana, and then let everyone figure these issues out in court. This conflict between state and federal laws has led to abuses of power by the local police. Our aggressive defense to marijuana charges has led to the dismissal of numerous cases of marijuana sales and possession, including one where an employee of a marijuana dispensary was charged with possessing more than 25 pounds of pot. In another recent case handled by the firm, a client had substantial monies and several ounces of marijuana returned to him by LAPD after the D.A. dismissed the case in the middle of a preliminary hearing. Our marijuana defense attorneys had demonstrated in court that the case had substantial problems of proof. The recommending medical doctor was subpoenaed to testify and the LAPD “expert on drug sales” was not familiar with the provisions of Medical Marijuana laws. As a result, the case was dismissed. In another case, we were successful in preventing a criminal filing and seizure of property against a Medical Marijuana Clinic after a search warrant led to arrests and the seizure of a large quantity of cannabis.
In the event a medicinal marijuana defense in unavailable, our defense lawyers may successfully argue that the marijuana was possessed for personal use, such that the resolution of the case merits a drug-treatment program, not custody. The quantity, method of packaging, amount of monies seized, existence of pay/owe sheets are all factors the defense can use in arguing the marijuana was not possessed for sale.
Top-Rated Defense Attorneys are Available 7 Days per Weeks
If you have been charged with a Marijuana Sales, Transportation, or Cultivation offense, call the criminal defense attorneys at Kestenbaum Eisner & Gorin, LLP, at (877) 781-1570. Our knowledgeable legal team can evaluate your case issues and advise you of your legal options before you go to court.
For our client’s convenience, our main office is located across the street from the Van Nuys Courthouse and Jail. Our other San Fernando Valley law offices are located in Burbank, Glendale, Pasadena, and Santa Clarita.
Contact the law firm today and receive an immediate response to your inquiry!