Legal Question in Criminal Law in California
Hash Oil
My wife and I were arguing. When the officer entered my house he saw a bong. He then searched under a table and then arrested me for posession of concentrated cannibus. I have a medical rec from a CA doc to use cannibus for medical reasons. Would the concentrate be covered by my reccomendation?
3 Answers from Attorneys
Re: Hash Oil
The Compassionate Use Act, in Health and Safety Code section 11362.77(d) speaks of marijuana in terms of "Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section."
If Hash Oil falls under that definition, then it is allowable.
The medical marijuana statute is not a bar from prosecution, it is an affirmative defense that is raised in defense of a criminal charge alleging illegal activity. Meaning, it doesn't stop you from being arrested and prosecuted, it does give you a legal excuse for what otherwise would be illegal activity.
Re: Hash Oil
You'll get the answer to that as a result of dealing with the DA on the criminal charges and presenting your documents and evidence. It may be, depending upon what quantity and form you had. If you need legal representation, contact me if in SoCal.
Re: Hash Oil
It depends on where you live and how much concentrated cannabis you possessed. There may also be questions about what right the cop had to be in your home, whether after seeing the bong he had the right to search further, etc. These are all questions for a criminal lawyer. Often, a good defense starts with a good offense. Almost everything in criminal law is fact-driven, and the "facts" will become available to you soon. Best advice: have a consultation with a criminal lawyer in your area. Most criminal lawyers give free consultations. If your matter is in or near Los Angeles, don't hesitate to contact me for a free consultation. Good luck.