0

In California it seems like marijuana is legal for adult recreational use, but that does not extend to minors. Under California Health and Safety Code 11361 there's a section about "Inducing a minor to use marijuana which makes it a felony. My question is about what that would constitute.

Hypothically, if a 21 year old, has a 16 year old buddy, and they regularly hang out and use together, would that like constitute inducement by the 21 year old? Or, would it that require more overt acts, or pressure?

Under the the same section there is an alowance for minors to use medical marijuana, under the same scenario, would it matter if it's claimed that the 16 year old has permission from thier parent to use to use for a medical condition? Would it matter it the 16 year old had a "recomdation from a doctor"?

Even if the 16 year old had a "valid recomendation" and permission of thier parent, would it change character of the act if the 21 and 16 year old were using together a third parties house, or away from the supervision of the 16 year olds parents?

1

"Induce" means "bring about", It is left to the fact finder (juror) to decide if the accused's action "brought about" the minor's violation of the law. If the minor habitually violated the law on his own and only incidentally happened to be in the presence of a pot-smoking adult, a reasonable juror would not find that the adult had "induced" anything. If the minor had never previously partaken and the adult acted in such a manner that the minor could not resist (given the usual assumptions about minors and their ability to just say no), a reasonable juror could find "inducement".

The law treats those 14 and older differently. Under HSC 11357(b),

A person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any cannabis to a minor 14 years of age or older in violation of law shall be punished by imprisonment in the state prison for a period of three, four, or five years.

But,

(a) A person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any cannabis, who unlawfully sells, or offers to sell, any cannabis to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any cannabis to a minor under 14 years of age, or who induces a minor to use cannabis in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.

The use of the word "minor" is not exactly crystal-clear here, since sale to a minor has different penalties, so to interpret the law sensibly, (b) has to be interpreted as applying to minors between 14 and 18 (in which case, inducement is not a crime).

Since the inducement crime depends on the minor violating the law and there is a medical marijuana exception, the adult would not be convictable. No provision of the law requires a minor to be immediately supervised by their parent or guardian when taking medical marijuana.

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.