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Medical, and Adult Use, Concentrated Cannabis

admin • May 18, 2021

CA Health & Safety Code §11357(a) vs. Health & Safety Code §11362.5

The Compassionate Use Act (Proposition 215) does not explicitly address the question of whether the use of  concentrated cannabis or “hashish” is protected by Prop. 215. However under Prop 64, 8 grams of hash is legal  for adults 21 and over, but remains a misdemeanor for those under 18 (see Page 2). However, the most recent  edition of the Judicial Council’s Jury Instructions (CalCrim §2377) requires judges to instruct juries that Hash  possession is protected under Prop 215 (Compassionate Use Act). This rule follows the former California Attorney  General’s opinion (86 Ops. Cal. Atty. Gen. 180, 194 (2003)). Also see People v. Colvin (2012) [203 Cal 4th 1029],  which also confirmed that concentrated cannabis is subject to the protections afforded to patients. 

Note from Bruce: Manufacturing Hashish/ Dabs , even for medical purposes, is illegal and dangerous when  made with butane or other specified chemical processes (See MAUCRSA). Refer to People v. Bergen (2008) [166  Cal. App. 4th 161] which states, “nothing in this section shall be construed to supersede legislation prohibiting  persons from engaging in conduct that endangers others.” This violation is punishable by up to 3, 5, or 7 years in  prison. I have had numerous clients that have used butane to manufacture hash and consequently have been  seriously injured, burnt, and/or have caused serious damage to a property. The current policy of Los Angeles  District Attorney Office, in the event of an explosion, is to refuse to plea bargain for less than five years.  

Note that under Prop 64 , there are licensing provisions for legally manufacturing concentrated cannabis.  (See Next Page) However, I have been fortunate enough to convince the judge to give probation where the  defendant was badly burned on his hands and face in an explosion, as well as another where a Veteran was  suffering from PTSD. (See page 12 regarding Mental Illness Diversion Program) 

CONTACT MY OFFICE TO OBTAIN A CANNABIS BUSINESS LICENSE, WHICH INCLUDE  MANUFACTURING WITH VOLATILE CHEMICALS.

Possession of up to an ounce

By admin • 20 May, 2021
Reductions and Dismissals of Prior Marijuana Felonies  As of November 8, 2016, with passage of Prop 64., it is now Legal to Possess (and Give) an ounce of Marijuana & 8 grams of Hashish; California Health & Safety Code § 11362.1, 11362.45;  LAW: POSSESSION, BY ADULTS OVER 21, OF AN OUNCE OR LESS OF MARIJUANA […] The post Possession of up to an ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession of Over an Ounce

By admin • 18 May, 2021
California Health & Safety Code § 11357;  Except as authorized by the law*, possession of not more than 28.5 grams of marijuana, or not more than four/ eight grams* of concentrated cannabis, or both, shall be punished or adjudicated as follows:  ALL ADULTS 21 OVER IN CALIFORNIA   LAW: POSSESSION OF OVER AN OUNCE OF MARIJUANA […] The post Possession of Over an Ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession for Sale

By admin • 18 May, 2021
California Health & Safety Code § 11359 b MISDEMEANOR LAW: POSSESSION FOR SALE IS A MISDEMEANOR UNDER MOST   CIRCUMSTANCES: To sell means to exchange any amount of marijuana or  hashish for anything of value. Note that “giving away” up to an ounce of marijuana  is legal in the State of California involving adults over the age of […] The post Possession for Sale first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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Cultivation

By admin • 18 May, 2021
California Health & Safety Code §11362.2 & §11358 Misdemeanor /Felony  LAW: Cultivation of up to 6 live plants of Marijuana is legal per residence for adults  over 21; and you may posses whatever amounts have been previously grown, and  harvested (also in the residence).  Note from Bruce: You may want to keep the root-balls as evidence that […] The post Cultivation first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Driving Under the Influence (DUI) When Impaired

By admin • 18 May, 2021
Vehicle Code 23152e CA  PROP 64 DID NOT AMEND OR CHANGE LAWS REGARDING MARIJUANA DUI PROSECUTION   LAW: Even though possession of Marijuana is legalized, it remains unlawful to drive while under  the influence of marijuana or any drug if impaired to the degree that one is unable to operate a  motor vehicle safely.  PENALTY: For […] The post Driving Under the Influence (DUI) When Impaired first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Drug Testing and Employment

By admin • 18 May, 2021
Unfortunately notwithstanding the passage of Prop 64 (AUMA), the legalization of marijuana/cannabis in some instances, employers may still refuse to hire and fire persons that use marijuana/cannabis. California NORML has sponsored pending legislation, that will provide protections for patients from lose of  employment.  Ross v. Raging Wire Telecom [42 Cal. 4th 920 (2008)]- CA Supreme Court […] The post Drug Testing and Employment first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Forfeiture of Money and Property

By admin • 18 May, 2021
California Health & Safety Code §11470(e) Forfeiture laws allow state and federal governments to seize money and property that  are proceeds of, or are used to, facilitate illicit drug activity. Forfeiture proceedings are  usually filed separately from the criminal case in which the “defendant” is the money  or property itself. The owner must file a […] The post Forfeiture of Money and Property first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age

By admin • 18 May, 2021
11357(b) H&S (And Save Your Driver’s License While Doing So)  Note from Bruce: Under California law, anyone younger than 21 years old who is convicted of a marijuana offense will lose his/her driver’s license for one year, even if the offense is not driving related; this is subject to the discretion of the Judge.   DEFERRED […] The post How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Destruction of Arrest and Conviction Records

By admin • 18 May, 2021
California Health & Safety Code §11361.5 Removing and   Expungement (PC §1203.4 ) of your Marijuana Conviction   California law requires all governmental agencies to automatically destroy any records of marijuana possession  charges and any records of charges for giving away or transporting up to one ounce of marijuana two years after  the date of conviction or […] The post Destruction of Arrest and Conviction Records first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Deferred Entry of Judgment (DEJ) = Dismissal

By admin • 18 May, 2021
PC §1000 & 100.94 (LA County) Charges for the possession of marijuana or hashish and for the cultivation of  marijuana for personal use can be dismissed through successful completion of  Deferred Entry of Judgment. DEJ is not applicable to charges involving possession  for sale or transportation unless the marijuana is for personal use. The defendant  must plead guilty to […] The post Deferred Entry of Judgment (DEJ) = Dismissal first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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