Concentrated cannabis protected by medical marijuana laws
Concentrated cannabis, also known as hashish or just hash, is made illegal by Cal. H&S sec. 11357(a). Possession of hash is either a felony or a misdemeanor and is therefore treated more harshly than possession of less than one ounce of marijuana (sec. 11357(b), a non jailable misdemeanor).
Does the medical marijuana law protect personal possession of hash?
The court in Chavez v. Superior Court (2004) 123 Cal.App.4th 104 stated: “Proposition 215 was approved by the voters without specificity as to the strength, quality, or quantity of marijuana to be used for medical purposes as long as the use is reasonably related to the patient’s current medical needs and was recommended or approved by a physician.”
The Chavez case cited with approval the following Cal. Attorney General’s Opinion:
86 Ops.Cal.Atty.Gen. 180 (2003) that concluded hashish and concentrated cannabis may be used for medical purposes under the Medical Marijuana laws.
The patient will therefore be protected from criminal prosecution for hash possession where the patient’s personal possession and use are reasonably related to the patient’s current medical needs and where the use has been recommended or approved by the patient’s doctor.