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Judge: Concentrated cannabis qualifies as medical pot


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By Denny Walsh, Sacramento Bee

A state appellate court in Sacramento has ruled that “concentrated cannabis” qualifies as marijuana for purposes of medical use.

A unanimous three-justice panel of the 3rd District Court of Appeal disagreed this week with an earlier ruling by El Dorado Superior Court Judge James R. Wagoner and reversed the judge’s decision that a medical marijuana patient violated probation by possessing concentrated cannabis.

Sean Patrick Mulcrevy of Cameron Park was charged in 2013 with unlawful possession of concentrated cannabis, a misdemeanor, and was alleged to have violated his probation because of his failure “to obey all laws.”

Wagoner reviewed the existing legal authority indicating that concentrated cannabis is covered by California’s Compassionate Use Act, or CUA, the 1996 voter initiative approving medical use of marijuana with a doctor’s recommendation. But Wagoner rejected the authority as “unsound” and ruled that “the (CUA) does not apply to concentrated cannabis” because the act does not define marijuana, refer to concentrated cannabis or incorporate statutory definitions of either term.

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Comments (13)
  1. Steve Kubby says - Posted: December 22, 2014

    For the first time, a California appeals court has ruled that concentrated cannabis qualifies as medical marijuana under the Compassionate Use Act. However, this doesn’t really mark a change in policy, since Attorney General Bill Lockyer issued an opinion to the same effect. Incredibly, some courts and DAs have ignored the AG opinion and have continued illegally arresting and prosecuting innocent patients who use concentrated cannabis. Bottom line, it’s good to finally have an appellate court rule as the People intended when they voted for Prop. 215.

  2. Justice says - Posted: December 22, 2014

    Wrong because the process is completely dangerous and butane fired concentration of cannabis and home explosions and fires is an often result. This is a federal question from the Supreme Court of the US, the appeals court is one of many. I hope the DA appeals this.

  3. nature bats last says - Posted: December 22, 2014

    Yup, after smoking a bunch of concentrated cannibis medical care will certainly be needed; mental, lungs, just the tip of the iceberg…but hay, who are we to stop people from self destruction, go for it dude….

  4. copper says - Posted: December 22, 2014

    According to Fox News (so there is that caveat), the National Fire Protection Association reports that, every year, there are 5 deaths, 60 injuries, 900 homes destroyed and 150 million dollars worth of property damage caused by folks trying to deep fat fry their turkeys for the holidays.

    Justice, I appreciate your concern for safety, but it might be safer this Christmas for you to skip the turkey and simply pass out free joints. Less fattening, as well (except for catering to the munchies), and your guests will go home happy.

  5. cosa pescado says - Posted: December 22, 2014

    not all extractions use butane.

  6. Justice says - Posted: December 23, 2014

    Copper- passing out intoxicants to guests is a good way to be liable for a lawsuit anytime and should be avoided. I thought you were going to say that during the holidays and all of the time, turkey frying and brain frying are bad ideas, and home drug labs have no business being legal and are one of the biggest threats to a large fire breaking out along with indoor home pot grows using rigged wiring.

  7. Bs says - Posted: December 23, 2014

    Copper it’s way different, you are old in the last few years the explosions and burning bodies clinging to life are devastating. It is nothing like a turkey fire! If you live near cookers in an apartment building you are risking your life and the lives of your children. Take the marijuana industry out of the hands of armatures and give it to the pharmaceutical industry, we are ruining homes, neighborhoods and the safety of the public. The pharma knows how to kill without collateral damage just look at the oxy deaths in our basin over the last two years.

  8. Haha says - Posted: December 23, 2014

    Cold water hash is made in a bucket with ice water. You people are dumb and miss informed. If you need canabis for a real medical condition you most likely wouldn’t smoke butane wax anyways.

  9. copper says - Posted: December 23, 2014

    “Take the marijuana industry out of the hands of armatures!”

    Our new battle cry. Is it copyrighted, or can I turn it into a bumper sticker?

    It has an electric quality to it.

  10. business owner says - Posted: December 23, 2014

    Admin…i like your style, carry on.

  11. Kevin Murphy says - Posted: December 23, 2014

    bo, have you always been a bootlicker? Is that the secret to your success?
    Would your describe your prominent proboscis as burnt sienna or other shades of brown?

  12. Bill Davis says - Posted: December 23, 2014

    copper, I also found the Bs “hands of armatures” a hoot.

  13. business owner says - Posted: December 23, 2014

    And the best contribution to the conversartion goes to…..kevin murphy!! Round of applause. He’s crude, he’s rude, he’s constantly off topic, and he wasnt privy to the inside joke. Raaaahh the crowd goes wild…take a bow.