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

Last Modified: October 11, 2020
January 30, 2014 | Rabin Nabizadeh | Marijuana

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

February 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]