Dried marijuana and joint

Providing Marijuana to a Minor

California’s Health and Safety Code Law 11361-a HSC addresses the consequences of selling and/or giving marijuana to a minor. According to the California Marijuana Law, adults who sell or give marijuana to an individual less than 18 years of age commit a crime.

Encouraging a minor to use marijuana, or using an under-age worker to sell, carry, or give away marijuana is also a crime under California Health and Safety Code.

Felony Charge

Giving away marijuana to an individual aged 14 or older is a felony. Those breaking the law face stiff penalties in California, including:

• State prison sentences of three to five years

• Longer prison sentences, up to seven years, may apply when the felon sells or encourages to a minor of any age, or gives (or encourages use of ) marijuana to a minor of less than 14 years of age

Individuals charged with breaking the law under California’s Health and Safety Code 11361 HSC faces a felony charge and jail time. Arranging bail is the essential next step.

If the defendant is charged with selling marijuana to a minor or using a minor of less than 14 years to sell or transport marijuana, or giving marijuana to a minor, the court may require a substantial bail bond. Although many are charged with these offenses in California every year, it is important to understand their gravity.

Bail Bond Process

A judge typically establishes the required bail amount at the defendant’s first appearance at court after his or her arrest. The charged individual may be present at an arraignment or bail hearing. The court is likely to adhere to California court standard practices, but the judge may raise or lower bail amounts based on the case particulars.

Defendants do not need the assistance of a defense attorney to request the arrangement for bail. He or she can post cash or phone a bail bond firm to make arrangements. The defendant’s relatives and/or friends can also post cash bail or purchase the necessary bond from a bail bondsman.

Depending upon the bail face amount, it may be necessary to provide collateral to the bail bond firm.

Depending upon the specific charges, the court may require bail bond amounts of $100,000 or more. Bail bond is arranged at no less than eight percent of the total amount required by the court. When the defendant is presented with the specific charge relating to his or her case, estimate the total bail amount by multiplying the total face amount by 0.10.

For instance, if the court requires $100,000 bail, the defendant must pay the bail bondsman’s fee of about $10,000 to make bail. He or she remains responsible for the full $100,000 face amount. Arranging bail may require the accused to obtain a co-signor.


The total amount of bail depends upon the defendant’s prior criminal record, employment status, and close ties to family and community. Judges may completely deny bail in some situations. For instance, if the defendant also faces other charges in another jurisdiction, the court may opt to keep the defendant in jail. Bail may also be denied if the defendant is considered a flight risk before conclusion of the current case.

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