California Health and Safety Code Section 11361 makes it a serious crime to involve minors in marijuana-related activities. Under this law, it is illegal for anyone 18 or older to sell, give, or offer marijuana to someone under 18. It is also illegal to use a minor to transport, carry, sell, prepare, or give away marijuana.
This offense is a felony and can lead to prison time, especially if the minor is significantly younger than the offender or if the marijuana is being sold near a school or playground.
Your Los Angeles lawyer can explain in more detail how California Health and Safety Codes impact your case.
What is Health and Safety Code Section 11361?
California Health and Safety Code Section 11361 makes it a felony to involve minors in marijuana–related activities. This law applies to adults who are 18 years of age or older. Under this section, it is illegal to sell, give, or offer marijuana to anyone under the age of 18. It is also against the law to use a minor to transport, carry, sell, or deliver marijuana in any form.
The goal of this law is to protect minors from exposure to marijuana and to prevent adults from using children in drug-related offenses. Violating this law can result in serious criminal charges and prison time.
Penalties for Violating HSC § 11361
Breaking HSC § 11361 is a felony in California and comes with serious legal consequences. The penalties depend on the age of the minor and the nature of the offense. A conviction can lead to long prison sentences and no chance to avoid trial through a diversion program.
Key penalties include:
- Felony classification: This is a serious criminal charge that stays on your record.
- State prison sentences: If the minor is between 14 and 17 years old, three, four, five, or seven years of prison sentence. Harsher penalties if the minor is under 14 years old, including the possibility of the maximum sentence.
- No eligibility for diversion programs: You cannot opt for drug treatment or other alternatives. The case must go through the full criminal court process.
Aggravating Factors That Increase Penalties
Certain factors can make the penalties for violating Health and Safety Code Section 11361 even more severe. These are called aggravating factors, and they can lead to longer prison sentences or additional charges.
Common aggravating factors include:
- Involving a child under 14 years old: The law is especially strict when very young children are involved. This can lead to the maximum prison sentence.
- Committing the offense near schools, playgrounds, or youth centers: Selling or using minors to handle marijuana in or near these areas is taken very seriously and can result in harsher punishment.
- Having prior convictions: If you have a previous drug-related conviction, the court may increase your sentence based on your criminal history.
These factors show the court that the offense posed a greater risk to minors and the community, which is why they result in tougher penalties.
Legal Defenses to Charges Under HSC § 11361
Being charged under Health and Safety Code Section 11361 is serious, but there are legal defenses that may apply depending on the facts of the case.
A strong defense can help reduce the charges or even lead to a dismissal. An experienced criminal defense lawyer in Los Angeles can review the details and build the best possible case.
Lack of Knowledge About the Minor’s Age
In some cases, the minor may have lied about their age or appeared to be over 18. If there is evidence showing you reasonably believed the person was an adult, this can be used as a defense.
This defense may not apply if the minor was clearly underage or if you made no effort to confirm their age. The court will look at the facts to decide whether the belief was honest and reasonable.
False Accusation or Mistaken Identity
Sometimes, people are wrongly accused of crimes they didn’t commit. A minor or witness might falsely claim someone was involved, or law enforcement may have arrested the wrong person. This can happen due to misunderstandings, personal conflicts, or unreliable identification.
If there is no clear evidence linking you to the crime, such as video footage, reliable witnesses, or physical evidence, this defense may be used to challenge the charges and protect you from a wrongful conviction.
No Actual Transfer or Intent to Sell
You may be accused based on suspicion or misunderstanding, but the evidence may show you never handed over marijuana or agreed to sell it. Without proof of a sale, gift, or delivery, the prosecution’s case is weak.
Entrapment
Entrapment is a legal defense that can be used if you were tricked or persuaded by law enforcement to commit a crime you otherwise would not have committed. In cases under Health and Safety Code Section 11361, entrapment might apply if an officer or agent encouraged or pressured you to sell or give marijuana to a minor.
To use this defense, your lawyer must show that you were not ready or willing to commit the crime until the government’s actions caused you to do that. If proven, entrapment can lead to the charges being dropped or dismissed.
How a Los Angeles DUI Lawyer Can Help With a Violation of Health and Safety Code Section 11361
While Los Angeles DUI attorneys focus on driving under the influence cases, they often have experience handling other criminal charges, including drug-related offenses like violations of Health and Safety Code Section 11361.
If you are charged with selling marijuana to a minor, a DUI lawyer can use their knowledge of criminal law and courtroom experience to build a strong defense.
They can protect your rights, challenge the evidence, and work to reduce penalties or dismiss the charges. At Los Angeles DUI Lawyer, we can connect you with the right attorney to represent your case.
