Dec 23, 2014 Dabs/wax is marijuana under California’s Compassionate Use Act
Last week, a California appellate court overturned a trial judge’s determination that cannabis concentrate — also known as dabs and wax — is not marijuana under California’s Compassionate Use Act ("CUA").
The appellate court concluded:
Because “concentrated cannabis” is “marijuana” for purposes of the CUA, the trial court erred in precluding defendant from presenting a medical defense based on its contrary conclusion. This error violated defendant’s due process right to present a defense since the CUA decriminalizes possession of marijuana when, as is the case here, defendant has a “facially valid” recommendation from a physician to possess marijuana for treatment of a medical condition. Moreover, since the trial court’s determination that defendant violated his probation was premised upon its erroneous finding that defendant’s possession of concentrated cannabis was unlawful, we find insufficient evidence to support that determination in light of our conclusion that the CUA applies to possession of concentrated cannabis. Accordingly, we reverse the trial court’s judgment that defendant violated his probation.
California v. Mulcrevy, No. C075885 (Ca. Ct. App., 3rd Appel. Dist.) (unpub’d).
Mulcrevy is well considered in substantial detail, and merits being converted to a published opinion from an unpublished opinion.