Legal Question in Criminal Law in California

I have been doing criminal law for about 25 years and your question poses some very difficult issues. First let me say that your son's charge, in all likelyhood, would NOT change, with the addition of the new information. You would, in my opinion, be charged with Child Endangerment and Contributing to the Delinquency of a Minor. There is also a strong likeyhood that Children's Services would become involved. You should call a good attorney. If you want to speak with me further, call one of my offices... David Wallin

Mentioning that the marijuana was yours is not going to help him, and may actually just hurt you. The results are no different if you had a prescription for some other drug, and he got into that and took it to school. He still was not authorized to possess it.

The best thing you can do for him is to get him an attorney.

I agree with Mr. Wallin and Mr. Roach. Many laypeople mistakenly believe that possession is the same thing as ownership. It isn't. If I pick up something you own, it is in my possession even though I don't own it. That is what happened when your son took your medical pot. He thus really did possess marijuana, so he seems to be guilty as charged. Explaining how the pot came into his possession will not change these facts.

As Mr. Roach says, the best way to help your son is to get him a good lawyer. You may need one too, though, for the reasons Mr. Wallin explains.

He did the crime by possessing it, having nothing to do with you, other than you were negligent in protecting it from his theft. Get him an attorney.