Windsor Couple Charged with Possession with Intent to Sell Marijuana (CA Health and Safety Code 11358, 11359, 11364)

Last Modified: October 12, 2020
September 6, 2014 | Rabin Nabizadeh | Marijuana

John Doe (27) and his girlfriend (also 27) (names withheld in order to protect the privacy of the accused) were arrested recently in Windsor when police visited their home on Pedroncelli Drive to conduct a routine probation search.  It seems that though he knew the terms of his probation, but was willing to take the risk of growing marijuana in his back yard in plain sight of anyone passing by, including law enforcement officials.  When the officers entered the home, they found various loaded weapons and a small fridge laden with marijuana lollipops, jerky, popcorn, and muffins.  These were all within the easy reach of the couple’s 2 and 4-year-old children, some of it placed with their toys.  In addition, there was a 100-plant grow room, 40 plants in the back yard area, pot that had already been processed, and a lab for creating butane hash oil.  He was arrested on charges of marijuana cultivation and sales, possession, violating his probation, child endangerment, and possession of a firearm during the commission of a felony, and operating a hash oil laboratory.  On the other hand, she was arrested for child endangerment and for having tried to obstruct an investigation by an officer.

Child endangerment laws (CA Penal Code 273a) carry severe penalties.  If you are convicted of such a charge, you could spend up to 6 years in state prison and pay a $10,000 fine, depending on how much harm the child, or children, were placed in.  On the other hand, the possession of any amount of marijuana is considered a felony in California, especially if the police can find evidence that you intend to sell it or have sold it (CA Health and Safety Code 11358, 11359, 11364, and CA Penal Code 1000).  If you are caught with more than 28.5 grams of marijuana, you may only face 6 months in county jail and a $500 fine.  However, if there are sales involved, you will spend a minimum of 2 years and a maximum of 4 years in state prison.  Distribution, additionally, will end in up to 3 years in prison.  The possession of hash and other marijuana concentrates could also end in 1 year in prison and a $500 fine.

 

latest news

February 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]