A new interesting precedent has likely been set in a California court regarding medical marijuana. Many people who have taken concentrated cannabis in the form of “honey oil” and “dabs”
(which often are concentrated versions of THC) can no longer be jailed or fined, since they will now be classified as medical marijuana.
The state appellate court ruled that “marijuana” and “concentrated cannabis” are not literally defined in the 1996 Compassionate Use Act, but that those definitions are implied throughout the law. This means that marijuana users should not be arrested for possession of these concentrated forms of cannabis.
The case started with Sean Mulcrevy, a 22-year old who was holding a valid doctor’s recommendation for medical marijuana when he was searched by a Cameron Park sheriff’s deputy for possession of marijuana. Mulcrevy was found to be holding .16 grams of dabs, along with 3.3 grams of marijuana. This resulted in a misdemeanor offense of “unlawful possession of concentrated cannabis.”
Due to his misdemeanor charge, Mulcrevy was sent to appear before El Dorado Superior Court Judge James R. Wagoner who ignored the medical marijuana recommendation from his doctor and the fact that everything Mulcrevy carried was purchased from a legal medical marijuana dispensary. Instead of ending Mulcrevy’s probation, Judge Wagoner ordered an additional two year sentence.
Judge Wagoner did acknowledge California’s Compassionate Use Act in his sentencing of Mulcrevy, but incorrectly insisted that it had never referenced concentrated forms of the plant.
Fortunately, Mulcrevy appealed.
Since then, the state appellate court in Sacramento made a precedent-setting example of his case, and determined that:
“. . .all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin” are included in the definition of medical marijuana.”
The panel determined that by not allowing Mulcrevy to use the Compassionate Use Act to defend himself against the paltry possession charges, Judge Wagoner had denied him a fair trial. Due to Mulcrevy’s tenacity to challenge Judge Wagoner, others can now enjoy concentrated medical marijuana without the fear of being jailed.
|Dabs of marijuana concentrate.|