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Furnish Cannabis to a Minor

HS 11360(a)

Information on the crime of furnishing cannabis to a minor is found at Health an Safety Code section 11360(a). Furnishing means to give, sell, or otherwise provide cannabis to a minor. A minor, for purposes of HS 11360 crimes, means a person under the age of 18. Cannabis includes concentrated cannabis.

Note: Cannabis is marijuana, which can be produced in many forms (leaves, edibles, wax, etc.). 

The Law

 

HS 11360(a)(3)(C) It is a crime for a person sells, attempts to sell,  offers to sell, furnishes,  or gives away cannabis to a person under the age of 18 years (Abbrev.).

Note: A minor is not a conspirator to a crime simply because he or she accepts cannabis (or concentrated cannabis) from the defendant. Also, a defendant who furnishes cannabis to a minor may also be charged with willful child endangerment. This is in addition to the charge of HS 11360(a)(3)(C)). Willful child endangerment charges require the defendant to defend against inclusion in to the Child Abuse Central Index (CACI).

Punishment

Furnishing concentrated cannabis to a minor is charged as a felony.If found guilty of HS 11360(a)(3)(C), the defendant could face up to 2, 3, or 4 years in jail. Whether the defendant receives a 2, 3, or 4 year jail sentence after a conviction for furnishing concentrated cannabis to a minor depends on any mitigating or aggravating factors that may be present in the case (i.e. lack of criminal history , lack of harm caused to a minor [mitigating], lack of remorse [aggravating], etc.)

Probation Sentence: In some HS 11360(a)(3)(C) cases, a defendant may be granted probation instead of a being ordered to jail. A probation sentence is period of monitoring by a probation officer &usually 3-5 years). Probation sentences in furnishing cannabis to a minor cases usually includes some out of custody community service, such as work release, as a term of probation.

Three Strikes Law: Furnishing concentrated cannabis to a minor is not generally considered a serious or violent offense under California's Three Strikes Law; however, if a minor is injured after ingesting concentrated cannabis that was provided to him or her by the defendant, then it is conceivable that the defendant could be charged with a strike offense for committing a crime that leads to serious bodily injury (See PC 1192.7).

CIMT: Furnishing cannabis to a minor is a crime involving moral turpitude. This means tha the crime is considered to be morally wrong. Crimes involving moral turpitude carry extra collateral punishments for persons who hold professional or occupational licenses (i.e. barbers, phlebotomist, counselors, etc.), or for person who are not US citizens (deportation or denial of entry into the US).

PC 1170(h) Sentencing: If the defendant is not granted probation after a conviction for furnishing cannabis to a minor, then the defendant may request that his sentence be partially served in jail and partially served out of jail on work release or house arrest (split), or he or she may ask that the jail sentence be suspended (not served unless the defendant violates a condition of out of custody release).

Drug Registration: If found guilty of HS 11360(a)(3)(c), the defendant will be ordered to register a drug offender with local law enforcement. Note: Some of these registration requirements may be subsequently lifted after a successful Petition for Certificate of Rehabilitation.

Bail: The amount of bail required to secure out of custody release in any drug case is largely determined by the amount of drugs involved in the case. In any event, the scheduled bail amount in a charge of providing cannabis to a minor is $25,000. This amount may be reduced or increased depending on many factors, including the defendant's criminal history, the facts of the case, the defendant's ability to make bail, and more.

In addition to any incarceration, if found guilty of giving concentrated cannabis to a minor, the defendant could lose his or he right to own a firearm, be made to register as a drug offender, ordered to pay fines and fees, issued criminal protective orders (CPO), and more. 

Defenses

Defenses to a criminal charge of furnishing cannabis to a minor include: statue of limitations (3 years), mistake of fact (as to the substance given to a child), illegal search and seizure, coerced confessions, duress, insanity, entrapment, and more.

Specific defenses to furnishing cannabis to a minor can include the fact that the substance given to a minor is not actually cannabis (imitation drugs or a substance that doesn't meet the legal definition), or the cannabis is of insufficient quantity to test. Also, unreliable informants that were known by police to be unreliable, which lead to the issuing of any warrant to search the defendant, may lead to a dismissal of the charges based on illegal search and seizure.

If you have been arrested or charged with furnishing cannabis to a minor, or HS 11360(a)(3)(C), contact out criminal defense lawyers today for a free consultation. Our drug defense lawyers have successfully handled hundreds of felony crimes and our attorneys are available seven days a week to assist you. Call today!

 

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