**** Possession with intent to sell
Question Details: What is the maximum sentence one can receive for violating health and safety code 11364? How much marijuana must be confiscated to be charged with a felony? If one had a bench warrant out for their arrest issued from San Francisco, CA and was arrested in Oakland, CA for possession of Marijuana with intent to sell, would that person be transferred to S.F.?
Criminal Defense Law Answers
The maximum penalty for possession of paraphenalia in violation of Health and Safety Code Section 11364 is one year. Any amount of marijuana can be charged as a a felony if it is charged as possession for sale. If it is charged as straight possession it needs to be over an ounce. If one is arrested in Oakland, with a bench warrant in San Francisco it is likely that San Francisco will put a hold on you. When you are released in Oakland you will probably be transported to San Francisco to deal with the bench warrant.
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