Selling Marijuana to a Minor – HS 11361: California’s Strict Laws

Selling or giving marijuana to a minor is a serious criminal offense under California Health and Safety Code 11361 (HS 11361). Despite the legalization of marijuana for recreational use under Proposition 64, this law strictly prohibits providing cannabis to individuals under 18. Violations of HS 11361 come with harsh penalties, including lengthy prison sentences.

If you or someone you know has been charged with selling marijuana to a minor, contact KN Law Firm in Glendale at (888) 950-0011 for a free consultation. We serve Los Angeles and surrounding areas and are available 24/7.

What is HS 11361?

HS 11361 makes it a felony to:

1. Sell, furnish, administer, or give marijuana to anyone under the age of 18.
2. Employ a minor to transport, sell, or carry marijuana.
3. Induce or use a minor to sell, give, or distribute marijuana to others.

This law applies regardless of the quantity of marijuana involved and carries severe consequences. Unlike personal possession or use of marijuana, selling to a minor is not protected under Proposition 64.

Penalties for Selling Marijuana to a Minor

The penalties for selling or giving marijuana to a minor under HS 11361 depend on the age of the minor and the circumstances of the case. In all instances, this offense is a felony.

• If the minor is under 14 years old: The defendant faces a prison sentence of 3, 5, or 7 years in state prison.
• If the minor is between 14 and 17 years old: The prison sentence is 3, 4, or 5 years.

Additional penalties may include hefty fines, probation, and mandatory community service. The conviction will also result in a felony criminal record, which can have long-term consequences on employment, housing, and educational opportunities.

Defending Against HS 11361 Charges

If you’ve been accused of selling marijuana to a minor under HS 11361, it’s crucial to build a strong defense. Here are some common defense strategies used by experienced criminal defense attorneys:

1. Lack of knowledge: The defendant may argue that they did not know the individual was under 18 years old. However, this defense is only viable if the defendant can demonstrate reasonable belief that the person was of legal age.
2. Entrapment: If law enforcement officers or others induced the defendant to sell marijuana to a minor through coercion or trickery, entrapment may be a valid defense.
3. False accusations: In some cases, the defendant may have been wrongly accused. This could involve mistaken identity or deliberate false claims by the minor or others.
4. Illegal search and seizure: If the police violated the defendant’s constitutional rights during the investigation or arrest, any evidence obtained may be inadmissible in court. This can lead to the dismissal or reduction of charges.

It’s essential to consult a knowledgeable criminal defense attorney who can review the details of your case and provide a tailored defense strategy.

FAQs About Selling Marijuana to a Minor

1. Can a conviction for selling marijuana to a minor be reduced to a misdemeanor?
No. Under HS 11361, selling marijuana to a minor is always a felony and cannot be reduced to a misdemeanor. The penalties are severe due to the involvement of minors.

2. What should I do if I’ve been falsely accused of selling marijuana to a minor?
Contact a criminal defense attorney immediately. At KN Law Firm, we offer free consultations and are available 24/7 to help you defend against false accusations.

3. How can a lawyer help me if I’ve been charged with violating HS 11361?
An experienced attorney can investigate your case, challenge the prosecution’s evidence, and work to reduce or dismiss charges. In some cases, they may negotiate a plea bargain to avoid the harshest penalties.

Contact KN Law Firm for Defense Against Marijuana Charges

If you or a loved one is facing charges under HS 11361 for selling marijuana to a minor, it’s crucial to seek legal representation immediately. At KN Law Firm, our attorneys have extensive experience in defending against marijuana-related offenses and are dedicated to achieving the best possible outcome for our clients. We understand the severity of these charges and the impact they can have on your life.

Call us today at (888) 950-0011 for a free consultation. We proudly serve Glendale, Los Angeles, and the surrounding communities, and we are available 24/7 to take your call.

Don’t leave your future to chance—contact us today to begin building a strong defense.