Possession of marijuana for sale - entrapment

Possession of marijuana for sale is a felony in California. If convicted of this offense, the accused faces prison time and heavy fines. Because California laws are so strict with marijuana sales, it is crucial that an individual accused of possessing marijuana for sale contacts a lawyer who specializes in this area of the law and who understands the many defenses that are applicable to this charge.

Entrapment is one of the defenses that a skilled California drug attorney might choose to employ after reviewing the facts of a client’s case. Entrapment deals with the question of whether an otherwise law-abiding citizen was persuaded to commit a crime by any law enforcement official or agency. Official conduct that does no more than offer an illegal opportunity will not be construed as entrapment, as it is presumed that a reasonable person would normally resist the temptation to commit a crime presented by the simple opportunity to do so. Entrapment will apply to situations where the officer or agents pressured the accused by using overbearing conduct such as badgering, cajoling or other affirmative acts that would likely induce a normally law-abiding person to commit the suggested crime.

Entrapment has been raised as a defense in a number of possession for sale cases. One such case involved a defendant who alleged that the female soliciting officer acted in a seductive manner, making it clear that she wanted to date and engage in sexual relations with him. She “played” with his ear, looked into her mouth and had her blouse open while they spoke. This type of sale wasn’t motivated by criminal intent (which is what a legitimate solicitation offer is designed to elicit), but rather another motive - the simple carnal desire to be seduced.

An entrapment defense was also raised in a case where an older sister was motivated by sympathy aroused by her younger brother, a high school student. In this case, the younger brother had been heavily pressured by a female undercover officer posing as a high school student who wanted to buy some marijuana. He finally convinced his sister (who had never been involved in marijuana sales, nor did she have any desire to be involved in the charged transaction), to give him some marijuana to sell to the officer. The motive in this case was clearly one of sympathy, as she just wanted to help her brother.

It is established that an entrapment defense will apply when the actions of law enforcement agents generate in a normally law-abiding person a motive for a crime – a motive other than ordinary criminal intent. This type of conduct may be revealed in a desire to commit the crime out of friendship or sympathy instead of for criminal gain. In addition, affirmative police conduct that would make the commission of the crime unusually attractive to such a person (for example, a guarantee that the act is not illegal or that the offense will go undetected) will also warrant an entrapment defense. Looking to the two previously cited examples, the first was motivated by sex, the second, by sympathy – the types of motivation that the law protects.

The second case is somewhat unique. The brother, even though he didn’t know he was being pressured by an undercover agent, was considered a police agent himself, in trying to get his sister to sell the marijuana. However, under other circumstances, entrapment will not apply to an individual who is convinced to participate in a criminal activity by a private citizen who isn’t working for the police.

It should also be noted that a possession of marijuana for sale case that is prosecuted under federal law will have a different standard under which entrapment may be raised. This is simply another reason why an individual accused of this offense should contact the outstanding criminal attorneys at The Kavinoky Law Firm who have mastered all of the defenses that apply to a “for sale” charge. Contact them today for a free consultation and for unsurpassed representation.