The Not So Clever Consequences of Selling Marijuana to Minors (Health and Safety Code Sections 11359, 11361)

Recently, an admitted gang member was investigated for and charged with selling marijuana to minors in Orange County.

Costa Mesa police arrested 33-year-old Isaac Adam Greer last week in connection with an investigation dating back to Jan. 18. According to detectives, a parent reported that a child became sick that day from eating a pot brownie the child said he had bought from a drug dealer.¹

Since then, local investigators observed Greer in contact with a juvenile male at Newport Harbor High School, who reported to the police that the man had sold him marijuana. The minor told authorities that Greer had asked him to pass out business cards with the name “Clever” to all his friends.²

Police reportedly discovered brownie mix and almost 50 pounds of marijuana when they searched Greer’s vehicle, a Huntington Beach storage location and a Costa Mesa motel room where he was staying. Also seized were business cards, scales and vacuum-packaging equipment during their search of the locations.³

Detectives identified Greer as the dealer known as “Clever,” and subsequently charged him with two felony counts of selling marijuana to a minor and a third felony count of possessing marijuana for sale, according to court records filed in Orange County Superior Court.⁴

Greer’s bail is set at $500,000.

Let’s take a look at this defendant’s charges and the consequences he faces if he is convicted…

Possession with Intent to Sell Marijuana (HS 11359)

Under California Health and Safety Code 11359 (HS 11359), possession of marijuana with the intent to sell it is a felony. To successfully prosecute you for possession of marijuana with intent to sell, a prosecutor must prove the following:

• You possessed marijuana (a controlled substance);
• You knew you were in possession of a controlled substance;
• You possessed enough quantity of the drug likely to infer it was not for personal use; and
• You intended to sell it, which may include evidence of:
  • Large quantities of marijuana found in your possession;
  • Individual packages of marijuana;
  • Plastic baggies and other packaging materials;
  • Large sums of cash; and
  • Scales and other measuring equipment.

If you are convicted of violating HS 11359, you could be sentenced to serve 16 months, or two or three years in jail, and/or ordered to pay a maximum fine of $10,000.

Sale or Distribution of Marijuana to a Minor (HS 11361)

California law is quite strict when it comes to drug dealing involving a minor. Pursuant to Health and Safety Code Section 11361 (HS 11361), you could be charged with a felony if you:

• Hire, employ or otherwise involve a minor under the age of 18 to unlawfully sell, transport, peddle or otherwise distribute marijuana;
• Unlawfully sell or offer to sell pot to a minor; or
• Give, furnish, administer or otherwise try to supply marijuana to a minor.

If you are charged with violating HS 11361 and you are convicted of giving away, furnishing, administering or supplying marijuana to a minor, you face three, four or five years in prison and a maximum $10,000 fine.

If you are convicted of selling or trying to sell marijuana to a minor or you use a minor to deal marijuana;

OR

You gave, administered, furnished or supplied marijuana to a child under the age of 14, your sentence increases to as much as seven years in prison plus a fine of up to $10,000.

Additionally, any drug-related conviction in California also requires mandatory registration with local law enforcement agencies as a drug offender for five years.

What Could Happen to the Drug Dealer Caught Selling Marijuana to Minors in Orange County?

Brownies baked with marijuana isn’t a new idea. But it is risky and foolish. How you package the drug for consumption is not relevant as far as California law is concerned.

Unlawful possession with intent to sell marijuana carries serious consequences, including a jail sentence. Unlike a possession of marijuana charge, marijuana sales-related crimes do not qualify for drug diversion programs.

Even worse for “Clever,” he allegedly sold his pot-laced brownies to high school students, which raises the stakes against him because minors were involved. Court records also indicate he is being charged with child endangerment (PC 273a) and contributing to the delinquency of a minor (PC 272).

If “Clever” is convicted on all charges, his not so clever crimes could cost him up to 17 years in prison, depending on the ages of his victims and whether the judge orders him to serve his sentences consecutively rather than concurrently.

Wallin & Klarich Can Help You Fight Marijuana Sales Charges

Are you or a love one facing charges of selling or possessing marijuana with intent to sell? If so, you should contact an experienced criminal defense attorney at Wallin & Klarich today. A conviction for unlawful sales or possession with intent to sell marijuana can lead to serious time in jail. However, if your marijuana sales charge involves a minor, you could be facing a lengthy prison sentence.

Wallin & Klarich has successfully represented thousands of clients facing marijuana charges in California for over 40 years. Drawing from extensive experience, our talented criminal defense lawyers will thoroughly review all of the evidence against you and develop an effective defense strategy specifically tailored to your case.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, you and your family can count on our experienced team of criminal defense attorneys at Wallin & Klarich to get you the best result possible in your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.

<sup>1. [Los Angeles Times: “Man pleads not guilty to selling pot brownies to high school students”; http://www.latimes.com/local/lanow/la-me-ln-man-pleads-not-guilty-pot-brownies-students-20140307,0,7893937.story#axzz2vrxkl5Rw]↩
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