- http://www.theweedblog.com/california-court-concentrated-marijuana-qualifies-as-medical-marijuana/
- http://www.laweekly.com/informer/2014/12/23/court-rules-that-thc-wax-honey-oil-qualify-as-medical-marijuana
- http://www.courts.ca.gov/opinions/nonpub/C075885.PDF
- http://www.sacbee.com/news/local/health-and-medicine/article4708713.html
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Court Ruling First to Ever Classify Concentrates as MMJ in California
Originally published 2/2/15
On December 19th, 2014, a California appeals court ruled that “the statutory definition of ‘marijuana’ includes the resin extracted from the Cannabis sativa L. plant and “concentrated cannabis” is that resin,” meaning that for the first time, a California court has ruled that cannabis concentrates are in fact medical marijuana.
The ruling was drawn from the case of Sean Patrick Mulcrevy, a CUA MMJ patient in California who was charged with unlawful possession of cannabis concentrates in 2013. This drug charge for the possession of a miniscule amount (.21 grams of concentrates in total) of legitimate medicinal cannabis concentrates caused Mulcrevy to violate his probation due to a failure to follow all laws. Because of this violation, Mulcrevy was sent to prison. Mulcrevy, 22 years old and a medical marijuana patient, had been using the concentrates to treat Migraines and acid reflux. He had legally acquired the concentrates at an MMJ dispensary.
In the three judges’ ruling, it was determined that the concentrates were covered by California’s Compassionate Care Act and that “(There was) insufficient evidence (the defendant) violated his probation in light of that conclusion. Therefore, we also conclude the court’s error was not harmless and we reverse the trial court’s judgment.”
Although it did not cause a change in California’s medical marijuana laws, Mulcrevy’s case shows a change in government official’s attitudes towards medical cannabis concentrates. With attitudes shifting and more proof coming out that cannabis concentrates are beneficial medical tools, patients in California could soon have easier and less-risky access to the beneficial concentrates they need.
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