Section 11359 - Punishment for possession for sale

2 Analyses of this statute by attorneys

  1. 9 Cir: Cal. marijuana possession is categorically controlled substances offense

    University of Denver Sturm College of LawAugust 13, 2013

    Judge Murguía wrote the panel’s decision. This case involved an individual who entered without inspection and was later convicted of violating California Health and Safety Code § 11359, which prohibits “possess[ing] for sale any marijuana.” DHS charged Macias-Carreon as removable for having been convicted of a law relating to a controlled substance.

  2. Cannabis Group Weekly Alert - May 2019 #2

    DentonsKathryn AshtonMay 15, 2019

    The panel affirmed confirmation of the plan because it was not proposed by any means forbidden by law. However, in another decision, Prado v. Barr, the Ninth Circuit also denied Claudia Prado’s (a legal permanent resident facing deportation) petition for review of a decision of the Board of Immigration Appeals, on the basis that her felony conviction for possession of marijuana for sale under California Health & Safety Code section 11359 in 2014 made her removable even though the conviction had been recalled and reclassified as a misdemeanor under California’s Proposition 64.The federal Alcohol and Tobacco Tax and Trade Bureau weighed in on an industry circular on the legality of adding CBD to alcoholic beverages.