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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

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