Category Archives: California Law

Luna: Hash oil manufacturing case needs 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 Luna: Hash oil manufacturing case needs all components

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.

Ashtray joint roach personal smoke toke leaf

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

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

BHO and chemical extraction of cannabinoids / concentrates

People v. Bergen: Medical use is not a defense against charge, use of chemical extraction to manufacture a controlled substance

Note: Because marijuana and extracts are in the controlled substance list, because the HS 11379.6(a) chemical extraction ban is a general intent offense and because the medical marijuana laws do not list a specific protection from the chemical extraction charge, there was no defense. In 2015 the legislature passed the Medical Cannabis Regulation and Safety Act creating a dual state and local license for this activity.

“We conclude that when, as here, the method used to extract the marijuana resin was by means of a chemical such as butane, section 11379.6(a) applies over the more general statute punishing marijuana cultivation, harvesting or processing.” Continue reading BHO and chemical extraction of cannabinoids / concentrates

Interviewed as expert on cannabis extracts

Concentrated: A new era for cannabis extracts in California

Chris Conrad, a cannabis legal expert and author of “The Newbies Guide to Cannabis & The Industry,” said the type of extraction can also produce what is commonly known as an “entourage effect” or “ensemble effect.”

“There is a combination of 100 plus molecules in marijuana that have this medical effect depending on how they interact with each other and the human body,” he said. “That’s what a lot of people think is so great about cannabis.”

Continue reading Interviewed as expert on cannabis extracts

Prop. 64: Full text of the initiative passed by voters

The Adult Use of Marijuana Act

Official AUMA 2016 Campaign Website

Friends of AUMA

Compare previous penalties to AUMA legalization

What AUMA does and how it works

Drug Policy Action

The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:

MARIJUANA LEGALIZATION. INITIATIVE STATUTE. Legalizes marijuana and hemp under state law. Designates state agencies to license and regulate marijuana industry. Imposes state excise tax on retail sales of marijuana Continue reading Prop. 64: Full text of the initiative passed by voters

Expunging criminal records, re-sentencing requests

Are you eligible for a sentence reduction under Prop. 64?

Click here for the form you need to fill out and file for dismissal and re sentencing. This should be taken to the same court where you were originally sentenced and filed with the same judge; if that judge is not available, the assignment court should send you to another court to handle this.

Are you eligible for expungement?

Depending on your particular situation, A California resident may have the following options:

If you were convicted of a misdemeanor and are still on probation, you may request early release from probation and file petition to have conviction dismissed. To do this, file a PC 1203.3 petition to have probation terminated early, and PC 1203.4 petition for expungement. Continue reading Expunging criminal records, re-sentencing requests