HEALTH AND SAFETY CODE – HSC
Division 10. Uniform Controlled Substances Act [11000 – 11651]
CHAPTER 6. Offenses and Penalties [11350 – 11392]
ARTICLE 2. Marijuana [11357 – 11362.9]
This post has most of the Health and Safety Code laws regarding marijuana, the Prop. 215 medical defense and destruction of bulk evidence, but other sections on my site include the SB 420 MMPA and AB 266 MCRSA medical marijuana programs. These are the statutes in this post: Health and Safety 11357, 11358, 11359, 11360, 11361, 11362, 11362.5, 11479
Continue reading California marijuana laws HS 11357 to 11362.5, 11479
HEALTH AND SAFETY CODE – HSC
DIVISION 10. UNIFORM CONTROLLED SUBSTANCES ACT [11000 – 11651]
Chapter 6. Offenses and Penalties [11350 – 11392]
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
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
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
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
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
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
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
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