Hash oil, BHO, chemical solvent extraction laws

Solvent extracts and concentrates are covered by a number of California laws and case law.

Propositions 215 and 64 both included extracts but did not remove cannabis from the controlled substances list.  The Health and Safety Code 11379.6 “Meth House” statute, below, includes cannabis because it is on the list of substances in HS 11054, but since 2015 HS 11379.6(d) specifically mentions cannabis extraction. For many years that has meant BHO was legal to possess but not to make. The People v Bergen decision held that it is the process, not the product, that is banned. People v Luna established the prosecutor’s burden of proof. When the legislature passed MCRSA, the medical marijuana regulations, it included a license to make volatile extracts. The following year, a provision was added to HS 11362.775 for an interim local license before the MCRSA licenses issue. Prop. 64 mirrors that licensing process for nonmedical use and modified the legal issues on extraction by including in HS 11362.3(a)(6) the term “volatile” rather than simply “chemical extraction.”   Continue reading Hash oil, BHO, chemical solvent extraction laws

Physicians’ First Amendment right to discuss marijuana with patients

Conant v. Walters: Physicians have a First Amendment right to discuss cannabis with patients — not to help them obtain it.

The order enjoins the federal government from either revoking a physician’s license to prescribe controlled substances or conducting an investigation of a physician that might lead to such revocation, where the basis for the government’s action is solely the physician’s professional “recommendation” of the use of medical marijuana.  Continue reading Physicians’ First Amendment right to discuss marijuana with patients

Hash oil manufacturing charge requires all components

People v Luna: “while the [chemical extraction] manufacturing process need not be complete, it must at least be started.”

“[W]hile the [solvent extraction] manufacturing process need not be complete, it must at least be started.” … “At the time appellant was arrested, he had no ability to begin manufacturing hashish, which expert opinion established is an instantaneous as opposed to an incremental process. In order to begin manufacturing hashish, appellant still had numerous steps to accomplish, including assembling the components of the manufacturing device… ”  Continue reading Hash oil manufacturing charge requires all components

How much California cannabis can you grow without a license?

California businesses have three options currently: 1) SB 420 patient collective defense until 2019; 2) MCRSA medical marijuana licenses available in 2018; 3) AUMA (Prop. 64 nonmedical licenses available as provisional licenses now or with state licenses beginning in 2018.

California adults also have four choices as to how to legally grow marijuana for personal use or sharing without getting a state license. These gardens must be noncommercial and can be grown for nonmedical personal use and sharing or it can be following one of three medical marijuana protocols as discussed below.  Continue reading How much California cannabis can you grow without a license?

Summary of California’s new marijuana laws

Effective November 9, 2016:
Here are California’s adult use marijuana laws

prop64newlawschartcrop

Learn more about Proposition 64 by reviewing this link.

These counties voted Yes on Proposition 64

View a chart showing county by county election returns. Prop. 64 results are on pages 74 – 76.

SB 420: Patient collectives get defense for sales

People v. Urziceanu: While Prop 215 did not protect collective medical marijuana gardens or sales, SB420 HS 11362.775 did (ending in 2019).

NOTICE: The California Legislature voted to terminate the legal defenses for Collective gardens and sales in January 2019 via AB 266 (MMRSA / MCRSA) 

“As we shall demonstrate, the [Prop. 215] Compassionate Use Act, alone, does not authorize collective growing and distribution of marijuana by a group of qualified patients and caregivers.” .. “This new law [HS11362.775] represents a dramatic change in the prohibitions on the use, distribution, and cultivation of marijuana for persons who are qualified patients or primary caregivers and fits the defense defendant attempted to present at trial. Its specific itemization of the marijuana sales law indicates it contemplates the formation and operation of medicinal marijuana cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana. ” Continue reading SB 420: Patient collectives get defense for sales

California: Personal Adult Use of Marijuana

Proposition 64 Section 4. PERSONAL USE.

The personal adult use section of the Adult Use of Marijuana Act 2016 (AUMA) initiative defines marijuana, legalizes it and establishes parameters for lawful use and responsible behavior. Age of consent at 21 years includes Legal adult use one ounce of marijuana and eight grams of concentrate, Grow six plants per residence and keep or give away the harvest, Lawful amounts not basis for search or seizure, No local bans on possession, sharing or discrete, enclosed gardens, Medical Marijuana exemptions. Responsible public behavior includes Open container rule, Marijuana DUI, Impairment issues, Workplace, Property rights, Infractions and tickets, Medical Marijuana exemption. Criminal statutes in Section 8. Continue reading California: Personal Adult Use of Marijuana

Prop. 64: Criminal penalty reductions and social justice

Proposition 64 Section 8. CRIMINAL OFFENSES, RECORDS, AND RESENTENCING.

The Adult Use of Marijuana Act 2016 did not repeal all the previous criminal penalties on marijuana but adjusted them downward and allows for more social justice. This section describes the remaining criminal penalties, downward resentencing for people with priors, destruction and expungement of records, early release from incarceration and juvenile justice.

Continue reading Prop. 64: Criminal penalty reductions and social justice

California industrial hemp laws

Proposition 64 Section 9. INDUSTRIAL HEMP.

This section of the Adult Use of Marijuana Act (AUMA) provides for the production and processing of industrial hemp as a small scale to large scale agricultural crop and manufacturing resource. It allows for more groups to conduct research and allows smaller projects down to 1/10 of an acre plots (formerly 2-5 acres minimum).

It amends the Health and Safety Code and the Food and Agricultural Codes, as follow:  Continue reading California industrial hemp laws

Medical marijuana collective and extraction defenses

SB 420 / Senate Bill 420 Cannabis collective defense;
AB266 / 243 Collective defense ends in 2019

SB 2679 Interim extraction licenses through 2019

Summary: In 2003 the California legislature (SB420) created a limited collective defense allowing patients to grow, furnish or sell medical marijuana to one another in HS 11362.775. In 2015, it amended the program (AB243), creating a legal licensing scheme and terminating that defense effective in 2019.

In 2008 the courts (People v Bergen) ruled that this defense does not apply to the use of chemical extraction in HS 11379. In 2016, the legislature (AB2679) amended to HS11362.775, adding a provision to allow local governments to license collectives to make chemical extracts.

Continue reading Medical marijuana collective and extraction defenses