San Jose School Counselor Arrested on Suspicion of Selling Marijuana to Minors (CA Health and Safety Code 11352, 11353 and 11353.1)

San Jose School Counselor Arrested on Suspicion of Selling Marijuana to Minors (CA Health and Safety Code 11352, 11353 and 11353.1)

Rabin Nabizadeh
January 30, 2014

This week in San Jose, 20-year-old school counselor (name withheld to protect the anonymity of the accused) of the “Think Together” program at the school was arrested on suspicion of two felonies:  selling a controlled substance to a minor and contributing to the delinquency of a minor.

California has been fighting the ‘war on drugs’ for decades now and many citizens of the state are in the same position as the counselor today because of it, imprisoned.  And though Washington State and Colorado have both now legalized marijuana for recreational use and California has legalized medical marijuana, the sale of such a drug to minors nearly always gets the attention of the media.  (CA Health and Safety Code 11352)  prohibits the sale or transportation of any controlled substance, which is not limited to marijuana, heroin, opiates, and GHB are also included.

Though drugs busts in the state are normally carried out as the result of a long-planned sting operation or a tip-off from an anonymous source, in this case, the counselor was brought to the attention of the authorities by the middle school students he was allegedly selling marijuana to.   (CA Health and Safety Code 11353 and 11353.1) deal with any offense of this kind involving minor children.  This portion of the law makes it illegal to use a minor to assist in the sale or transportation of controlled substances and to either sell or give drugs to them.  If minors are involved, you may face up to 9 years in state prison plus an additional 1 to 2 years if the sales happened on school grounds (or within 1,000 feet of a school or other geographic location where minors are known to gather).  The counselor was sentenced to 10 years, even though he sold to minors, accomplished this on school grounds, and was at least 4 years older than the minors he sold to (which could have gotten him an extra 2 to 3 years).

 

latest news

April 7, 2022
What Can I Expect After Being Arrested for a DUI in California?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status. This blog will go over what you must expect when facing DUI charges. [...]
April 7, 2022
How Long Does a DUI Stay on Your Record in California?
DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties. Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature [...]
April 6, 2022
Arrested for DUI in California: Am I Going to Lose My Job?
You've been charged with a DUI and have no idea what to do next. A lot of worries may run through your mind, including the fear of losing your job. Many aspects of a DUI charge can be overwhelming to a person, even to those familiar with California Law. In this blog, we will discuss [...]