need some help with legal issues

[ilovegold69]

first of all i want to make this as hypothetical as possible but here are a few questions that i need answered

a little info to start

place: California (US)
substance: not tobacco (if the name of the substance needs to be disclosed to accurately answer the question i will change this)


1. lets say a certain hypothetical substance is illegal for minors to use. is it illegal for said minor to hold and/or sell said substance?

2. if it is legal for minors to hold and/or sell said substance is it legal for said minor to grow said substance? (if it is illegal then what is the legal punishment for holding and/or selling it?)

3. lets say that said substance was sold (by anyone) and the buyer had a health problem or fatal experience while on or directly because of the use of said substance. is the seller liable in any way?

4. something i picked up in school is something about minors not being able to be bound by legal documents. if this is true would a waver signed by a minor be void?

5. is it illegal for a seller to sell said substance to a minor (lets pretend that the seller thinks that the minor isn't a minor)?


sorry if this is in the wrong section I'm not sure where to put this>_<

 

[Emperor Nero]

1. Yes, it is called possession or distribution. Distribution is always a worse charge

2. If you aren't allowed to grow it then you aren't allowed to sell and possession laws vary widely

3. Yes, if it is traced back to the seller that can be considered a homicide

4. It depends on the state, the government doesn't allow minors to participate in contracts but it doesn't mean that the parents of the minor cannot still be held liable in small claims court

5. Yes, if it is illegal to a minor to use/possess then it is of course illegal to sell to them.


Kind of some obvious and basic questions.
I get the feeling you are talking about marijuana, and all of the answers I stated apply.

 

[stui]

as for 3. i think it may be manslaughter instead of homicide

 

[ilovegold69]

So even if you legally sold it to someone over the age of 18 and they died you're still liable?

 

[SuF]

You are not liable if their use of a product kills them.... Generally, that is.

 

[ilovegold69]

So do u gotta get them 2 sign something?

 

[kmjt]

You are not liable if their use of a product kills them.... Generally, that is.

The distributor can always be liable. I remember when I was in highschool someone brought his grandma's cancer medication to school and starting handing it out for people to take and a few people died. He didn't know it would harm anyone which is why he got charged for counts of manslaughter instead of murder. This is in Canada anyway.. And in this case I don't think the person was considered a minor.

And what do you mean sign something? Almost positive you can't make up an agreement stating you aren't responsible for the harm that comes from taking something you've distributed. Any agreement regarding something illegal would instantly become void i'm pretty sure.

 

[ilovegold69]

The distributor can always be liable. I remember when I was in highschool someone brought his grandma's cancer medication to school and starting handing it out for people to take and a few people died. He didn't know it would harm anyone which is why he got charged for counts of manslaughter instead of murder. This is in Canada anyway.. And in this case I don't think the person was considered a minor.

And what do you mean sign something? Almost positive you can't make up an agreement stating you aren't responsible for the harm that comes from taking something you've distributed. Any agreement regarding something illegal would instantly become void i'm pretty sure.

i might as well just say its salvia. for anyone who doesn't know what salvia is its a potent hallucinogenic and im sure you can figure out how someone could kill themselves with it. its sold in smoke shops and i don't think you can sue them for using it... so can someone openly sell it?

 

[kmjt]

i might as well just say its salvia. for anyone who doesn't know what salvia is its a potent hallucinogenic and im sure you can figure out how someone could kill themselves with it. its sold in smoke shops and i don't think you can sue them for using it... so can someone openly sell it?

Well in Canada salvia is sold legally in shops, so in terms of customers dying from it, the shops can't really get in trouble. Its like liquor stores selling alcohol to people of legal drinking age, the liquor store can't get in trouble because people are retarded. In Canada I don't think there is even an age restriction on buying salvia all though most shops won't sell to young people. However I don't know if you need any type of license to sell it in Canada. So in Canada if you are a minor and you sell salvia (a legal drug) to someone regardless of their age, assuming its not an infant lol, I doubt you would get in much trouble.

It kind of sounds like you are thinking about merchanting salvia? Just find out if you need a license to sell it where you live, and if their is an age restriction on it where you live.

 

[Emperor Nero]

In the US salvia has the same restrictions as tobacco. It is illegal to possess under 18 I am fairly certain and I wouldn't recommend selling it. Smoke shops sell it so you aren't going to make good money.

 

[ilovegold69]

In the US salvia has the same restrictions as tobacco.

Red: Salvia divinorum is prohibited.
Orange: Sales &/or imports of salvia are restricted, possession/use is not.
Green: Salvia is prohibited to minors.

i dont think so

edit: that was made in 2010 im not sure atm tho