near me
California Health & Safety Code 11361 HS- Selling Marijuana To A Minor


Under California Health and Safety Code Section 11361, it is illegal to sell marijuana to minors. However, it is important to note that this provision does not require any exchange of money to constitute a violation. Providing marijuana to a minor, whether through gifting, furnishing, trading, or any other means, is equally unlawful. A minor is defined as a person under the age of 18.

California Health and Safety Code Section 11361 encompasses various prohibited activities related to minors and marijuana. In simple terms, it is considered a criminal offense to involve a minor in the marijuana industry, whether through activities like selling or transporting the drug. This includes actions such as carrying, preparing, or promoting marijuana with the intention to sell it.

Health and Safety Code Section 11361 also criminalizes the act of influencing or encouraging a minor to use marijuana. This includes tactics such as coercion, intimidation, or any other form of persuasion.

According to Vehicle Code 23222(b) VC, it is an offense for a driver to operate a motor vehicle while in possession of an open container of marijuana.

For further clarification, one may refer to CALCRIM 2391 which pertains to the act of offering to sell or furnish marijuana to minors.

Additionally, CALCRIM 2392 covers the employment of minors to sell marijuana, while CALCRIM 2393 relates to the offense of inducing a minor to use marijuana. As per California law, it is essential to understand the provisions outlined in Health and Safety Code § 11361 HS, which specifically criminalizes the sale or giving of marijuana to a minor.

This blog will provide an overview of the key aspects of this law, including prohibited acts, examples, penalties, and possible defenses.

What acts are prohibited by Health and Safety Code 11361 HS?

Health and Safety Code 11361 HS encompasses several prohibited acts related to selling or giving marijuana to a minor. Let’s take a closer look at each of them:


Using a minor in the sale, preparation, or transport of marijuana

This section of the law makes it illegal to employ or use a minor to cultivate, sell, prepare, or transport marijuana. It aims to prevent minors from being involved in any aspect of the marijuana trade.

Selling, giving, or offering a minor marijuana

The law explicitly prohibits selling, giving, or offering marijuana to a minor. This includes any form of transfer or transaction involving marijuana and minors, regardless of whether the minor is the buyer or recipient.

Inducing a minor to use marijuana

Another prohibited act under Health and Safety Code 11361 HS is inducing a minor to use marijuana. This provision aims to prevent adults from coercing or influencing minors to engage in marijuana consumption.

Elements of Health & Safety Code § 11361 HS

To secure a conviction for violating California Health and Safety Code Section 11361, which prohibits the sale or giving of marijuana to minors, the prosecutor must be able to establish all the elements of the crime beyond a reasonable doubt. These include proving that the defendant:

  • Was at least 18 years old at the time of the offense.
  • Knew that the person receiving the marijuana was under 18 years old.
  • Engaged in the sale, offer to sell, or giving away of marijuana to a minor.
  • Employed or made use of a minor to sell, transport, or give away marijuana.
  • Encouraged, persuaded, solicited, or intimidated a minor to use marijuana.
  • Knew that the substance in question was a controlled substance.
  • Sold, transported, or gave away a usable amount of marijuana.

Penalties For Selling or Giving Marijuana to A Minor

Violating California Health and Safety Code 11361 HS is considered a felony offense that requires serving the sentence in a California state prison, different from other cannabis-related offenses.

In most cases, the penalty for breaking HS 11361 entails three, five, or seven years in state prison. But, offering or giving marijuana to a minor aged at least 14 years attracts a penalty of three, four, or five years in state prison.

If you have a criminal history or specific circumstances, you could serve your sentence under the California felony probation program instead of the regular sentence. During the probation period of three to five years, an individual is usually required to adhere to several conditions, which vary from drug counseling, community service, avoiding contact with minors, or meetings with a parole officer.

However, failure to comply with any of the conditions of your probation can prompt the judge to direct you to serve the remaining sentence in state prison.

What are the Defenses for California Penal Code 11361?

When facing charges under Health and Safety Code 11361 HS, certain defenses may be applicable. It is crucial to consult with a knowledgeable attorney to develop a strong defense strategy. Some potential defenses include:

  • Not selling, giving, or offering marijuana to a minor
  • Reasonable belief that the minor was an adult
  • Police entrapment or misconduct

Each case is unique, and an experienced attorney can assess the specific circumstances and determine the most viable defenses.

Immigration Consequences

When it comes to immigration consequences, the situation becomes even more complex. U.S. immigration law is federal, and it does not recognize the decriminalization or legalization of marijuana at the state level. Convictions related to controlled substances, including marijuana, can have severe immigration consequences. These can include, but are not limited to:

  • Deportation: A conviction under Penal Code 11361 could make a non-citizen deportable under federal immigration law.
  • Inadmissibility: If a non-citizen is trying to enter the U.S., a conviction could make them inadmissible, meaning they could be denied entry or re-entry into the country.
  • Ineligibility for Relief: Certain forms of immigration relief, like asylum or cancellation of removal, may be unavailable to those with such convictions.
  • Naturalization Impact: A conviction could also impact a non-citizen’s ability to naturalize as a U.S. citizen.

If you are charged with this crime, it is strongly advisable that you also consult with an immigration lawyer. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

Contact Cyrus Tabibnia For Drug Crime Defense

If you or someone you know is facing drug-related charges, particularly those involving Health and Safety Code 11361 HS, it is imperative to seek legal representation from an experienced attorney. Cyrus Tabibnia, at the Tabibnia Law Firm, specializes in criminal defense, including drug offenses, and can provide you with the necessary guidance and support.

Remember, understanding the laws and having a strong defense is crucial when facing charges related to selling or giving marijuana to a minor. Contact Cyrus Tabibnia (866) 713-2159 today to ensure your rights are protected and to receive the best possible defense.

Tabibnia Law Firm is serving its clients throughout Southern California including Santa Monica, Los Angeles, Orange County, Beverly Hills, San Fernando Valley, Ventura county, Riverside County, Sherman Oaks, Encino, Pasadena, Burbank, Glendale, Long Beach, Palmdale, Santa Clarita, Monterey Park, La Puente, Van Nuys, Pomona, Manhattan Beach, West Covina, Whittier, Downey, Woodland Hills, Norwalk, Torrance, Redondo Beach, San Bernardino, Walnut Creek, Inglewood, Lancaster, Westlake Village and nearby areas.

Legal Resources: |

Cyrus Tabibnia

Cyrus Tabibnia

Tabibnia Law Firm retains years of experience successfully representing individuals charged with misdemeanor and felony crimes,Theft Crimes, Crime Against Children, Driving Crimes, Rape Crimes, driving under the influence (DUIs), domestic violence cases, drug possession cases, state and federal crimes, white color crimes, driving on a suspended license offenses, violent crimes, sex crimes, Forgery and all other criminal defense cases throughout Los Angeles, Sherman Oaks, Orange County, San Fernando Valley, Ventura County, Riverside County, San Bernardino, Van Nuys, Santa Monica, Beverly Hills. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California. Call for a consultation today: 866-713-2159

    Get A Case Review Today

    Please prove you are human by selecting the flag.

    EXCELLENT rating
    Based on 28 reviews
    I consulted Cyrus Tabibnia on a civil legal matter / tenant matter and he provided very helpful legal guidance. He's quite knowledgeable and experienced, as well as professional and genuinely concerned. I highly recommend Tabibnia law firm.
    shay khan
    shay khan
    28 September 2023
    Let’s be real needing a Criminal Defense Attorney is always unexpected and stressful. If the unexpected happens call Cyrus, he is extremely knowledgeable and professional. Grateful we had Cyrus on as a defense Attorney!
    Isaac Lopez
    Isaac Lopez
    18 September 2023
    Several years ago, I was contending with a serious legal issue. Out of the blue, I became aware that a corporation had obtained a large civil money judgment against me, in court, and on a case I was not aware of. When I became apprised of the judgment and the company's efforts to enforce the debt against me, I became angry and concerned. How would this case and judgment affect my financial future? Was there any way to fix this? I approached several other attorneys for assistance, but they all said the same thing: that because the judgment was over a year old (almost 2 years old, actually) it would be extremely difficult, if not impossible, to remove the judgment and to re-open the case. Given what other attorneys had told me about my case, I was not hopeful. But I decided to turn to and hire the Tabibnia Law Firm because I was aware of their strong reputation in both civil law matters and criminal defense cases. Mr. Tabibnia went out of his way to fight for me. To my great surprise, he convinced the court to set aside the judgment against me and to re-open the case. And months after getting the case re-opened, I was astonished when he then got the case completely dismissed! So, I went from having a large money judgment against me to getting the judgment removed and case dismissed in a matter of months. Throughout the process, I found Mr. Tabibnia to be honest, aggressive, competent and extremely fair with his fees. Most importantly, he kept me informed throughout the case. I cannot recommend the Tabibnia Law Firm highly enough.
    Arian T
    Arian T
    27 August 2023
    Hello Mr. Attorney Shahruz Tabibnia. I Wanna To Say All People..!! Mr. Attorney Shahruz Tabibnia Is Amazing Profecianal Attorney With High Knowledge.!! Mr. Shahruz Tabibnia Is Very Honest And Espricual Attorney.!! I Had Very Hard Case In The Court But Mr. Shahruz Tabibnia With His Knowledge And His High Experience Helped Me To Become Winner My Case In The Court.!! I'm Really Appriciated Mr. Shahruz Tabibnia. Thank You For Help Me To Winner My Case.!! I Look Forward To Work With You . Best Regards. Mike P.
    Mike Panadar
    Mike Panadar
    24 July 2023
    I had the pleasure of working with the Cyrus at Tabibnia Law on my case and I could not have been more pleased with the results. From the start, he gave my case the time and attention it deserved and showed a deep understanding and knowledge of the law. He provided clear guidance through the entire process and was always available to answer questions and provide legal advice. He really went the extra mile to make sure I got the best possible outcome and was extremely understanding and patient, always taking the time to explain the details and nuances of the law to me. I am very grateful for his expertise and the care they took in my case and it was definitely worth every penny. I highly recommend his services and would not hesitate to use him again in the future. Tabibnia Law is truly a top-notch law firm and I am so thankful to have worked with them.
    F V
    F V
    15 March 2023
    Having never needed a lawyer before, and being very scared and confused, I reached out to Cyrus after reading some outstanding reviews online. Cyrus gave me peace of mind and made me feel like I was in good hands. I highly recommend and I will probably use them again for any future legal needs that may arise. Thank you Cyrus.
    Ehab Totri
    Ehab Totri
    9 March 2023
    HIGHLY RECOMMEND CYRUS! I have been working with Cyrus on a bank fraud case and you will not be disappointed. He is nice and very humble. I never had a problem trying to get a hold of him. Cyrus is in top of your case and answers to emails/text messages promptly. Well talented attorney and his professionalism is to the next level. He is affordable and would work with you depending on your situation.
    13 September 2022
    This correspondence shall serve to memorialize that Cyrus is a excellent attorney, I recommend Cyrus because he is intuitive and has great communication skills. Cyrus is very honest and will never drag a case just to make more money
    Bobby Vafa
    Bobby Vafa
    29 July 2022
    I am here, writing on the behalf of Mr. Cyrus Tabibnia. From the very first moment we formally introduced ourselves to one another, I felt nothing but sincerity and authenticity from this man. At that very moment I knew, that this was the person ideal to represent me and to do diligence. In which in fact he did do so. He was able to significantly get my DUI and Car Theft charges reduced from felonies to misdemeanors and with one case, completely dismissed. I was not only impressed and satisfied completely, but I was not suprised one bit with the outcome. I highly suggest this gentlemen if you are in deed seeking counsel from someone who legitimately cares, and who will go the extra mile and above and beyond for you.
    DJ Cab
    DJ Cab
    7 July 2022

    Recent Posts

    Practice Areas

    Locations We Serve