Legal Question in Criminal Law in California
CA Prop. 215
Is hash, specifically hash oil,
considered to be marijuana by
proposition 215 guidelines? In other
words, can prop. 215 be used in a
defense for a manufacture of hash oil
charge the same way it can be used
for possession/cultivation of
marijuana plants?
2 Answers from Attorneys
Re: CA Prop. 215
No. Hashish, "hash oil," etc. are defined in California law as "concentrated cannabis." No medical excuses, and possession is a misdemeanor - no $100 ticket as for small quantities of MJ.
Re: CA Prop. 215
I have read Mr. Stone's answer and he is 100% wrong. The Attorney General has issued an opinion (No. 03-411 dated October 21, 2003) in which he says that all forms of concentrated cannabis are included in the definition of marijuana for purposes of Prop 215. For the text of the AG opinion, see
http://ag.ca.gov/opinions/pdfs/03-411.pdf
Therefore, you can defend a charge of possession of hash oil with Prop 215's protection. But you're going to need a very experienced attorney. As you can see, some attorneys aren't experienced in Prop 215 matters. If you'd like to discuss this with me further, please don't hesitate to contact me. Good luck. Steve Mandell
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