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Concentrates ARE Legal In California

The Sacramento Bee reported earlier this month that concentrated marijuana will be qualified for medical use.  A unanimous three-justice appellate court disagreed with El Dorado Superior Court Judge James R. Wagoner's ruling that a medical marijuana patient violated his probation when he was found in possession of concentrated cannabis.

In 2013, Sean Patrick Mulcrevy, of Cameron Park, California was charged with a misdemeanor unlawful possession of concentrated cannabis which allegedly violated his probation.  When searched, a sheriff's deputy found Mulcrevy with 1.6 grams of "honey oil," a form of concentrated cannabis, 0.05 grams of “wax,” another form of concentrated cannabis and 3.33 grams of flowers.  Mulcrevy had a medical marijuana prescription from a physician to treat his migraines and acid reflux.  The concentrates and flowers were purchased at a legal dispensary.

Earlier this month, the court justices concluded that Judge Wagoner violated Mulcrevy’s right to defend himself when the judge prevented Mulcrevy from presenting a defense based on the California Compassionate Use Act (CUA).  The CUA approves the medical use of marijuana with a doctor’s recommendation but Wagoner ruled that “the (CUA) does not apply to concentrated cannabis.”  The final opinion, authored by Associate Justice M. Kathleen Butz, stated that concentrated cannabis “is covered by the CUA, and there is insufficient evidence (Mulcrevy) violated his probation in light of that conclusion.  Therefore, we also conclude the court’s error was not harmless and we reverse the trial court’s judgment.”