Marijuana is defined by the Health and Safety Code, as all parts of the plant cannabis sativa, whether growing or not; and includes seeds, resins, compounds and derivatives. Concentrated cannabis is defined as: “the separated resin, whether crude or purified, obtained from marijuana.” It is commonly known as hashish or hash, is more potent than marijuana and therefore subject to stiffer penalties.
Proposition 215 added the “Compassionate Use Act of 1996,” enacting Health and Safety Code § 11362.5, and stating that “Section 11357 [of the Health and Safety Code], relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.” Both marijuana plants and concentrated marijuana are covered by the act.
However, the result of the Supreme Court’s decision, in Raich, is that people who use or distribute marijuana for medical purposes in compliance with California law may still be prosecuted under federal laws, which continues to bar such activities.
If you are under investigation or have been charged with a marijuana crime, you need a criminal defense attorney on your side. Call the Law Office of Brett Parker Davison for a free consultation today!