Three California state justices in Sacramento ruled that all forms of cannabis concentrates, including those products described by the term “dabs,” are in fact forms of medical marijuana.
This all started when one medical marijuana patient was arrested, last year, for possession of less than one-eight of an ounce of cannabis flowers and a combined total of 0.21 grams of two different forms of cannabis concentrates referred to as “honey oil” and “dabs”.
Sean Patrick Mulcrevy was on probation at the time of the arrest. He was charged with a misdemeanor count of unlawful possession, and violating probation for being in possession of a substance that he has a physician recommendation to use. His medical marijuana registration was up-to-date at the time of the arrest.
According the 1996, voter approved measure known as California’s Compassionate Use Act (CUA), which legalized the use of medical marijuana in the state, concentrated forms of cannabis are included as the acceptable forms of medical marijuana. The CUA defines marijuana as, “all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.”
During the hearing, Judge James R. Wagoner, the man ruling over Mulcrevy’s case, would not allow the defense to include the description of marijuana as defined in the CUA, insisting that concentrated forms of marijuana is not covered. Mulcrevy, age 22, appealed Judge Wagoner’s ruling.
The case was assigned to a panel of three other judges for examination. Earlier this week, the team of Justices Butz, Raye, and Blease unanimously agreed to overrule Judge Wagoner’s decision. Dabs and other cannabis concentrates are officially covered under the medical marijuana law in California.