Is it felony assault to give someone a brownie with marijuana in it without telling them? Attorney James Perry of McCune Wright Arevalo weighs in:
Generally speaking, in the absence of someone getting sick, hurt, or suffering a severe response, it likely would not be a felony. The reason being is that the potential felony charges often require the infliction of or potential to inflict “great bodily injury” (See PC 245; see also PC 243d).
245(a)(4) is a wobbler (can be charged as a misdemeanor or felony) therefore would be up to the prosecuting agency to make that decision.
This would be at least be a misdemeanor violation of PC 242 (battery), which requires a “harmful or offensive” contact. I don’t think it’s a stretch to argue being involuntarily drugged is at least offensive, if not harmful. Further, there is no specific intent requirement. Meaning, regardless of whether you intend to hurt the other person or break the law, if you acted under your own volition (you chose to pass along the weed brownies) then the crime is completed.
PC 240 (simply assault, misdemeanor) would also apply, which requires “an act that by its nature would directly and probably result in the application of force to a person.” “Application of force” and “apply force mean to touch in a harmful or offensive manner.” Both are misdemeanors.
James G. Perry is a civil and criminal litigation attorney specializing in product liability. Reach him at jgp@mccunewright.com or (909) 479-2431.
