Back in 2013, Sean Patrick Mulcrevy of Cameron Park was charged with unlawful possession of concentrated cannabis, a misdemeanor. Recently, a state appellate court in Sacramento ruled that concentrated marijuana in Los Angeles qualifies as marijuana fit for medical use, thereby acquitting Mr. Mulcrevy of the charges.
According to the judge, California’s Compassionate Use Act (CUA) does not apply to concentrated cannabis for medical use because the state’s Health & Safety Code defines it as “the separated resin…obtained from marijuana.”
The appellate court reversed the judge’s decision saying that concentrated cannabis is covered by the CUA and the amount found in Mr. Mulcrevy’s possession was insufficient evidence. A random search revealed that Mr. Mulcrevy had in his possession 0.16 grams of “honey oil”, 0.05 grams of “dabs”—all concentrated forms of marijuana. The patient does have a physician’s recommendation to use medical marijuana to treat his migraines and acid reflux.
Although the CUA does not define marijuana or concentrated cannabis, justices pointed out that when the CUA was approved by voters more than a decade ago, marijuana was defined as anything derived from the Cannabis Sativa plant in any shape or form.
Despite its increasing acceptance among the general public, a lot of discussion remains in order to standardize how cannabis use ad possession are treated. Patients who experience pain relief and discomfort can at least find comfort in the fact that there is an alternative medication they can take in the form of medical marijuana.
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