Selling Marijuana to a Minor in Los Angeles

Selling weed to a minor is a big no-no in California, even though recreational marijuana is legal for adults 21 and over. It’s a felony offense with strict penalties – we’re talking years in prison here. But laws around cannabis are complicated, and plenty of kind-hearted stoners have found themselves accidentally on the wrong side of them. This article will break down the laws on selling to minors in LA, what the consequences are, and some key things you need to know to stay out of trouble.

It’s a Felony, Not a Misdemeanor

Let’s be clear – selling marijuana to a minor under California Health and Safety Code 11361 is always a felony, period. It’s not a “wobbler” charge that can be reduced to a misdemeanor like some other weed offenses. If you’re convicted, you’re looking at felony penalties.

Penalties Depend on the Minor’s Age

How old was the minor you sold to? The younger they are, the harsher the punishment:

• If they were under 14, you can get 3-7 years in state prison.
• If they were 14-17, you can get 3-5 years.

And that’s just for selling small amounts – penalties go up if you were slinging large quantities. On top of prison time, expect hefty fines up to $500,000.

What If the Minor Looked Over 21?

It doesn’t matter if the minor looked or claimed to be 21, had a convincing fake ID, or anything like that. As the seller, it’s your responsibility to verify their age, and selling to anyone under 21 is illegal. You can’t use their appearance or lies as a defense.

What About Unknowingly Selling to a Minor?

You’d think accidentally selling to a minor would get you a lighter sentence, right? Unfortunately not under this law. There’s no distinction between knowingly or unknowingly selling to a minor – it’s a felony either way.

Defenses That Might Work

While strict, the law does have some exceptions. Here are a few defenses that could beat the charges:

• You reasonably believed the minor was over 21 (hard to prove, but possible)
• The minor had a valid medical marijuana recommendation
• You were falsely accused by someone with an agenda against you

An experienced cannabis criminal defense lawyer may be able to argue one of these defenses and get your charges reduced or dismissed.

What About Giving Weed to Minors?

Selling isn’t the only way to get in trouble – giving away cannabis to a minor is also illegal. And it’s not just handing them a joint or a bud – letting them smoke your supply can count as “furnishing” marijuana.

Using a Minor to Sell or Transport Weed

Trying to avoid selling to minors yourself by using one as a drug mule will backfire. Getting a minor to transport, distribute, or sell cannabis for you is a felony too.

What Should Sellers Do to Avoid This?

As a cannabis seller, how can you avoid accidentally selling to minors?

• Always ID anyone who looks under 30 – don’t risk it!
• Use an ID scanner, not just visual checks.
• Train staff on how to spot fake IDs.
• Post clear signage about age restrictions.
• Monitor your property for minors trying to access cannabis.

Do this, and you’ll minimize the risk of inadvertently committing this serious marijuana crime.

You Still Need a Good Lawyer If Charged

Even with precautions, you might find yourself accused of this offense. Don’t panic and plead guilty right away. Talk to an experienced cannabis criminal defense attorney to explore your options. A skilled lawyer may be able to negotiate with the prosecutor to get charges reduced or dismissed.

Selling marijuana to a minor can happen accidentally to anyone in the cannabis business. But understanding the law and partnering with a good lawyer gives you the best chance to avoid harsh penalties. Stay safe out there!