Health and Safety Code 11361 HSC

HSC 11361 – Selling or Gifting Marijuana to a Minor

HSC 11361 - Selling or Gifting Marijuana to a Minor

Selling or Gifting Marijuana to a Minor – Table of Contents

Distributing Marijuana to a Minor

In HSC 11361, Selling or Gifting Marijuana to a Minor crime, Proposition 64 (recreational marijuana legalization) means that anyone over 21 may legally purchase, possess and use an ounce or less of marijuana in California. But this does not apply to minors.

Using for Medical

With exception of minors who are legally allowed to use medical cannabis, it is still illegal for those under 21 to possess marijuana, and there are strict laws regarding distribution of marijuana to anyone under 18. It also makes it illegal to hire or use a minor in a marijuana business.

Lows for Adults

Health and Safety Code 11361 HS, selling or gifting marijuana to a minor is a California marijuana law that makes it a crime for adults to:

  • sell, give or merely offer marijuana to a minor,
  • induce a minor to use marijuana, or
  • employ or use a minor to transport, sell or give away marijuana.

Health and Safety Code, Section 11361(a), law states:

Every person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any marijuana, who unlawfully sells, or offers to sell, any marijuana to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any marijuana to a minor under 14 years of age, or who induces a minor to use marijuana in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.

Health and Safety Code, Section 11361(b) law states:

Every person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any marijuana to a minor 14 years of age or older shall be punished by imprisonment in the state prison for a period of three, four, or five years.

In addition to Health and Safety Code 11361, you may also be charged with CA Penal Code 272, “contributing to the delinquency of a minor“.

Penalties for HSC 11361

Violation of Health and Safety Code 11361 HSC, selling or gifting marijuana to a minor is a felony offense.

Laws For Selling to Minors

Selling marijuana to a minor of any age, inducing a minor of any age to use marijuana, use a minor of any age to transport, sell or give away marijuana, and selling/gifting or offering marijuana to a minor under 14:

  • 3, 5, or 7 years in prison

Giving marijuana to a minor 14 years of age or older carries a penalty of:

  • 3, 4, or 5 years in prison

What The State Has to Prove

Before you can be convicted of violating Health and Safety Code section HSC 11361, selling or gifting marijuana to a minor the prosecution has to prove all of the following beyond a reasonable doubt:

  • That you unlawfully offered to sell, furnish, administer, or give away marijuana, a controlled substance, to the minor;
  • When you made the offer, you intended to sell, furnish, administer, give away the controlled substance;
  • At that time, you were 18 years of age or older; AND
  • At that time, the minor was under (18/14) years of age.

Potential Defenses for HSC 11361, selling or gifting marijuana to a minor

There are multiple ways to defend a case involving Health and Safety code section HSC 11361, selling or gifting marijuana to a minor, but each case requires knowledge of the details. It’s best to consult a qualified criminal defense lawyer regarding your case.

We Want to Help

Giving Marijuana to a Minor

If you or a loved one is being charged with HSC 11361 “Selling or Gifting Marijuana to a Minor”, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online and we will get in contact with you ASAP. We can provide a free consultation in our office located in Century City, or by phone.

Our experienced and assiduous Los Angeles Criminal Defense Attorneys will be sure to fight until the end to reduce or drop your charges completely.

Call Us for a FREE Case Review: 310-274-6529

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How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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