Marijuana – dealing with minors

Unless a medical marijuana defense applies, activities that involve the sale, cultivation, transportation or possession (whether for personal use or for sale) of marijuana are illegal in California and are prosecuted as either misdemeanor or felony offenses. When any of these activities involves a minor, the offense will be automatically charged as a felony. In order to avoid the severe penalties that are associated with these types of convictions, it is critical that an individual accused of illegally engaging in marijuana activities with a minor contacts a California drug crime attorney who can begin building a vigorous defense.

Preparing for sale, selling or giving away marijuana will be charged as a felony when an adult engages in one of these activities with a minor. The penalties for these offenses range from three to nine years in the state prison for a first offense (depending on the age of the minor and on the location of the offense) and can result in lifetime incarceration if the offense is the defendant’s third.

Anyone 18 or over who prepares marijuana for sale on school grounds, a public playground, a child day care facility, a church or a synagogue or who sells or gives away marijuana to a minor upon those same grounds, upon grounds where schooling takes place or upon grounds whose facilities are open to children at any time when children are or may be present, faces a felony, punishable by five, seven or nine years in the state prison. This section only applies to an individual who is at least five years older than the minor to whom he or she engages in such an activity. It should be noted that an individual who suffers a conviction for this offense who has previously served two or more prison terms for specific drug offenses that involved minors may be imprisoned for life. The laws that regulate this sentencing scheme are technical, which is another reason why only a skilled criminal defense lawyer who regularly practices this area of law should be contacted when accused of such an offense.

Anyone 18 or over who prepares marijuana for sale in a public park or who sells or gives away marijuana to a minor under 14 in a public park, during open park hours, knowing that the minor is under 14, faces a felony, punishable by incarceration in the state prison for three, six or nine years.

Anyone 18 or over who hires, employs or uses a minor in unlawfully transporting, carrying, selling, offering to sell, giving away, preparing for sale or peddling marijuana, or who induces a minor to illegally use marijuana faces a felony, punishable by three, five or seven years in prison. The penalty is the same for furnishing, administering or giving away marijuana to a minor or for offering to do any of these activities.

Although criminal penalties won’t attach, it should be noted that an individual who owns, maintains or operates a business where drug paraphernalia is kept, displayed, sold, furnished, transferred or given away must keep a separate room for these items that excludes minors, unless they are accompanied by a parent or legal guardian. This section does not apply to pharmacists, doctors or others licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia. Violating this law provides grounds for revoking or not renewing a license, permit or other entitlement that allows such a business to operate.

Clearly, the consequences for involving a minor in activities that deal with marijuana are severe and can be life changing. In order to best ensure that these possibilities don’t become a reality, it is vital that an individual accused of such an offense immediately contacts an experienced criminal attorney. The unsurpassed attorneys at The Kavinoky Law Firm specialize in California drug crime defense and are well equipped to present the most compelling arguments in order to protect the rights of their clients. Don’t wait - contact them today for a free consultation.