Selling Marijuana to a Minor DefenseCalifornia Health & Safety Code § 11361

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Health & Safety Code § 11360(a) makes it a crime for a person 18 years of age or over to do any of the following:

hire or use a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any cannabis,
unlawfully sell, or offer to sell, any cannabis to a minor, or
furnishes, administers, or gives, or offers to furnish, administer, or give any cannabis to a minor under 14 years of age, or
induces a minor to use cannabis in violation of law

Health & Safety Code § 11360(b) makes it a crime for a person 18 years of age or over to furnish, administer, or give, or offer to furnish, administer, or give, any cannabis to a minor 14 years of age or older in violation of law.

A violation of Health & Safety Code § 11361(a) is punishable by imprisonment in state prison for a period of three, five, or seven years.

A violation of Health & Safety Code § 11361(b) is punishable by imprisonment in state prison for a period of three, four, or five years.

  • You reasonably believed the minor was over the age of 18
  • You did not sell or intend to sell marijuana
  • Entrapment

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