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

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