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Brother charged with HS 11360.

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human89

Junior Member
Hi FreeAdvice,

My brother (24) is a California resident who was charged tonight with HS 11360, presumably A. The circumstances of his arrest, from what I've gathered, are as follows:

He and a mutual friend of ours were smoking in the friend's car near our home when an officer passed by. Upon seeing them, he detained and questioned them. Initially, our friend claimed that the marijuana belonged to him, but when questioned about how he got a hold of it, he pointed to my brother. At this point, my brother claimed ownership of all the marijuana, as he has his prescription and had in fact been the one to purchase it. Apparently, during individual questioning, my brother admitted to "giving" our friend some of the weed, while our friend played the honesty card and told the officer that he'd given my brother money to buy it for him. They were both arrested and my brother was held with the aforementioned charge. The total amount that they had was only 1/8 of an ounce, if not less.

We're planning on bringing the situation to a lawyer right now, but after Googling HS 11360, my brother and I are both shaken up and unsure of what to expect. Initially, I was hoping that the information they'd given to the police would be insufficient to hold the charge up such that we might be able to aim for a reduced charge, but given what our friend told the officer, I'm wondering how likely that'll actually be.

Any advice, support, or reassurance would be greatly appreciated. I'm convinced that no one in their right mind would subject my brother to anywhere near the full extent of these charges for an eighth of weed, but he's understandably fearing the worst possible outcome as he's never been arrested, has a clean record, and at the end of the day is just a harmless pothead who made a stupid decision and was in the wrong place at the wrong time.

Thanks in advance.What is the name of your state (only U.S. law)?
 


Antigone*

Senior Member
Hi FreeAdvice,

My brother (24) is a California resident who was charged tonight with HS 11360, presumably A. The circumstances of his arrest, from what I've gathered, are as follows:

He and a mutual friend of ours were smoking in the friend's car near our home when an officer passed by. Upon seeing them, he detained and questioned them. Initially, our friend claimed that the marijuana belonged to him, but when questioned about how he got a hold of it, he pointed to my brother. At this point, my brother claimed ownership of all the marijuana, as he has his prescription and had in fact been the one to purchase it. Apparently, during individual questioning, my brother admitted to "giving" our friend some of the weed, while our friend played the honesty card and told the officer that he'd given my brother money to buy it for him. They were both arrested and my brother was held with the aforementioned charge. The total amount that they had was only 1/8 of an ounce, if not less.

We're planning on bringing the situation to a lawyer right now, but after Googling HS 11360, my brother and I are both shaken up and unsure of what to expect. Initially, I was hoping that the information they'd given to the police would be insufficient to hold the charge up such that we might be able to aim for a reduced charge, but given what our friend told the officer, I'm wondering how likely that'll actually be.

Any advice, support, or reassurance would be greatly appreciated. I'm convinced that no one in their right mind would subject my brother to anywhere near the full extent of these charges for an eighth of weed, but he's understandably fearing the worst possible outcome as he's never been arrested, has a clean record, and at the end of the day is just a harmless pothead who made a stupid decision and was in the wrong place at the wrong time.

Thanks in advance.What is the name of your state (only U.S. law)?
Advice - Tell your brother to get an attorney

Support or reassurance is founds at www.anotherlameidiotwhogotalameidiotdoctortosignascript.com
 
Wow. I think you see how idiotic a confession of the truth on the behalf of your brother and mutual friend was. Even medical patients are very clearly told that sales of their medicine is completely illegal. Instead of making up a partially true story or just flat out not answering questions, they both confessed to a higher charge. Some officers might have let it slide, but you certainly can't expect them to when they are given a gift. They both would have walked away with possession charges if they had remained quiet or said they bought it from Joe down the street.

Since MJ is decriminalized in CA there may be a break for first time offenders but this crime is taken more seriously. Has your brother been arrested for pot before?
 

tranquility

Senior Member
I'm convinced that no one in their right mind would subject my brother to anywhere near the full extent of these charges for an eighth of weed, but he's understandably fearing the worst possible outcome as he's never been arrested, has a clean record, and at the end of the day is just a harmless pothead who made a stupid decision and was in the wrong place at the wrong time.
Brother distributed marijuana. He took a compassionate law designed for seriously ill people and obtained a recommendation. That is easy to do and subverts what I think is the purpose of the law. (While recognizing many people take mind-altering drugs prescribed for them by doctors and I really shouldn't second guess the reasons why the OP brother takes the drug.)

He then obtained the drug and gave it to others who do not have a recommendation, thus proving he intended to circumvent the law.

It wasn't one mistake, it was many. (And, those "many" assume this is the first time it has happened. HA!) In fact, I'd say there were no mistakes, but lots of bad choices. Now, he needs an attorney. A drug distribution conviction will prevent him from getting a job at McDonalds, let alone in a profession.

As to the eventual judge/jury and right minds, I am very sympathetic towards medical marijuana. While I don't have a huge problem with legalization/taxation model, I HATE that potheads are making it difficult for legitimate users under the current law. If I were on the jury, brother would go down. Not because the crime was the most horrible ever, but because such stupid decisions put the rights of seriously ill people to use the drug in jeopardy. Not to become illegal for them as medical marijuana as a general theory is becoming more and more accepted, but to become more difficult and risky to obtain a resource which improves peoples' lives.

Heck, I'm getting all weepy right now to someone so silly to take a minor crime he has a valid defense to into a felony because he felt the need to talk to cops.

Sheesh.

Attorney, attorney, attorney.
 

FunkyTown310

Junior Member
If I were on the jury, brother would go down. Not because the crime was the most horrible ever, but because such stupid decisions put the rights of seriously ill people to use the drug in jeopardy. Not to become illegal for them as medical marijuana as a general theory is becoming more and more accepted, but to become more difficult and risky to obtain a resource which improves peoples' lives.
...because states, particularly California, have the money and resources to toss a dude who sold an 8th into jail?

What are the penalties, punishment and sentencing for Health & Safety Code 11360 in California?

Selling marijuana is a felony crime in California, punishable by two to four (2-4) years in California state prison. But if you were just transporting or giving away up to one ounce (1 oz.) of pot, California courts take a more lenient view and will impose only a $100 fine (plus court costs).

California Health & Safety Code 11361 demands longer prison-times for marijuana sales if the alleged buyer is a minor: Up to five (5) years in prison if the minor buyer was 14 years old or older; and up to seven (7) years in prison if the minor buyer was younger than 14 years old.

The penalties you may ultimately face may also vary from county to county. While San Bernardino and Los Angeles Counties tend to be less tough in their sentences for transportation or sale of marijuana, Orange County, Ventura County and Riverside County can be harsher.
 

tranquility

Senior Member
...because states, particularly California, have the money and resources to toss a dude who sold an 8th into jail?
No, because he intentionally violated the laws regarding drug trafficking and put at risk those who have a legitimate need in the grand scheme of things.

The law is not always about the person being accused, it is for society as a whole. Are there any other laws which were democratically enacted that you don't like?

You should make a list. We'll see what we can do.

At least we are not pretending he didn't sell anything. Shall we continue the pretense this was the first time?
 

tranquility

Senior Member
...and it will be dealt with accordingly. The current over-crowding of CA jails will make jail time unlikely for a first offense. A good lawyer could probably have it knocked down to a lesser offense, even.
Maybe. But, we do know if brother remained silent, he would have walked.
Furthermore, there are those of us that believe that state's approach in dealing with basic, non-violent drug crimes should not be through incarceration.
I don't believe stealing stuff I want should be illegal. All I have to do is convince enough people so we can change the law. Admittedly, you are far closer to your goal than I. What does that have to do with this?
Sure there are... but for every law that is democratically enacted, there are hundreds that are enacted by government without a referendum or popular vote.
Not this one.
Are you this pious all the time?
I believe the "p" word you're seeking here may be pedantic. I was trying to teach you that we don't get to pick and choose the laws we follow unless we are willing to pay the consequences.
So anyone ever caught with selling drugs has to have a record?
Who said anything about a record? I asked if we were to continue to pretend this is the first time brother has done this. What do you think? Has brother ever provided marijuana to others previously? Or, was this just the first time?
 

FunkyTown310

Junior Member
Maybe. But, we do know if brother remained silent, he would have walked.
If if's and but's were candy and nuts, we'd all have a merry christmas.

I don't believe stealing stuff I want should be illegal. All I have to do is convince enough people so we can change the law. Admittedly, you are far closer to your goal than I. What does that have to do with this?
Well, I'm no rocket scientist the fact this case has to do with a non-violent drug crime and not theft maybe? Point is, the state of California simply cannot afford to prosecute relatively minor non-violent drug crimes to extent that the law prescribes.

Not this one.
Are you referring to the medicinal marijuana law (which was voted on) or the laws pertaining to the sale of marijuana (which I can find no evidence of a referendum or popular vote)?

I believe the "p" word you're seeking here may be pedantic.
While you are clearly pedantic, I also find you to be rather pious...

Who said anything about a record? I asked if we were to continue to pretend this is the first time brother has done this. What do you think? Has brother ever provided marijuana to others previously? Or, was this just the first time?
There has got to be a first time for everything... which was my point. Likelihood of being caught on the first time is admitted low, but it is far from inconceivable.
 

Zigner

Senior Member, Non-Attorney
Well, I'm no rocket scientist the fact this case has to do with a non-violent drug crime and not theft maybe?
Well, tell all the folks dealing with the crime related to the drugs being transported for sale that the crime is non-violent.
 

CdwJava

Senior Member
Regardless of your opinions on marijuana laws, he is charged with a potentially serious offense. Yes, an attorney might be able to get him DEJ in a plea deal. But, he will need the services of a good attorney.

Howe aggressively these are pursued will depend on the county. Distribution cases are usually pursued, so he may have to either accept any offer presented or face the real possibility of being prosecuted and convicted for a felony distribution charge.

So, if you want to help him, help him pay for an attorney. And, help him get into rehab - it could very well save his life, or at least his future.
 

tranquility

Senior Member
If if's and but's were candy and nuts, we'd all have a merry christmas.
I tend towards we'd have Christmas all year, but that's what America is all about! Differences.
Well, I'm no rocket scientist the fact this case has to do with a non-violent drug crime and not theft maybe? Point is, the state of California simply cannot afford to prosecute relatively minor non-violent drug crimes to extent that the law prescribes.
Go to the budget and see where the money goes. California will not be saved by not appropriately dealing with drug dealers. The better argument is freedom, man.
Are you referring to the medicinal marijuana law (which was voted on) or the laws pertaining to the sale of marijuana (which I can find no evidence of a referendum or popular vote)?
We will ignore the ignorance of the difference between democracy and a representative democracy on the enacting of laws. (Both can have democratically enacted laws.) Did you miss Proposition 19? It was less than a year ago and was in all the papers. It seems there is majority of voters who like the current marijuana laws and did not want to make it legal.
While you are clearly pedantic, I also find you to be rather pious...
I'll take it. I choose commendable or worthy as the definition. If you have another one in mind, you should review the thread to see where I am judging beyond using loaded terms for admitted facts.
There has got to be a first time for everything... which was my point. Likelihood of being caught on the first time is admitted low, but it is far from inconceivable.
My physics professor always flung out a chalk piece at the beginning of his lecture. The reason was a physics principle having to do with uncertainty. It is theoretically possible the random vibration of atoms may sync and take the chalk in the opposite direction of the throw. The professor said he just wanted to increase his chances of being there if it happened.

Yes, it is more likely this was the first time for brother than the chalk will return.
 
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