After Proposition 64, possessing cannabis for sale under Health & Safety Code 11359 is generally a misdemeanor for adults 18 and older — up to six months in county jail and/or a $500 fine.
The fight is usually over whether the cannabis was actually “for sale” at all.
What HS 11359 Says
Since Proposition 64 legalized personal adult cannabis possession, HS 11359 targets possession for sale. For an adult 18 or older, it is a misdemeanor punishable by up to six months in county jail and/or a $500 fine.
'For Sale' vs. Legal Possession
The line between a legal amount and ‘for sale’ is where these cases are won or lost. Prosecutors point to packaging, quantity, scales, cash, and text messages as indicia of sales. The defense shows the cannabis was for personal use — consistent with legal possession — or challenges the inference of intent to sell.
Felony Exceptions and Defenses
HS 11359 can be a felony in specified situations — certain serious priors, two or more prior 11359 convictions, or sales/attempted sales involving a minor. Defenses include personal-use possession (no intent to sell), an unlawful search (a suppression motion can end the case), and lack of knowing possession. Judicial diversion (PC 1001.95) may resolve an eligible misdemeanor.
Frequently Asked Questions
Is possession of cannabis for sale a felony in California?
After Proposition 64, HS 11359 is generally a misdemeanor for adults 18 and older, punishable by up to six months in county jail and/or a $500 fine. It can be a felony in specified situations, such as certain serious priors, two or more prior 11359 convictions, or sales involving a minor.
What is the difference between legal cannabis possession and HS 11359?
Proposition 64 legalized personal adult cannabis possession. HS 11359 targets possession for sale — and the case usually turns on whether the cannabis was actually for sale, based on packaging, quantity, scales, cash, and messages, versus personal use.
How do you defend an HS 11359 charge?
By showing the cannabis was for personal use, not for sale, and challenging the inference of intent; by attacking the search with a suppression motion under PC 1538.5; and by contesting knowing possession. Eligible misdemeanor cases may also resolve through diversion.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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The whole case is often whether the cannabis was really 'for sale.' Tell me what happened and I'll tell you where it's soft.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com