Medical, and Adult Use, Concentrated Cannabis

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Medical, and Adult Use, Concentrated Cannabis

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.

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