[ASA Field]

ASA Legal Tip of the Month:
Medical Marijuana Edibles and the Law

Americans for Safe Access has received many reports from patients and dispensaries that law enforcement considers edible medical marijuana products to be illegal. Unfortunately, this is an incorrect interpretation of the law. California Health & Safety Code Section 11018 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." (emphasis added.) In 2003, in order to clear up confusion around the legality of concentrated cannabis, the California Attorney General (AG) issued a legal opinion on the matter. The AG concluded that Proposition 215, the Compassionate Use Act of 1996, included concentrated cannabis within the definition of marijuana, and that patients and providers should be protected from criminal sanctions.

In addition, with the passage of SB 420, the Medical Marijuana Program Act, by the California legislature, patients and caregivers are explicitly protected from criminal liability. One of the criminal statutes exempted in SB 420 for patients and caregivers, Health & Safety Code Section 11357, includes reference to concentrated cannabis. Problematic interactions with law enforcement may not be avoidable, but things to can do to lessen that likelihood include ensuring all edibles in your possession are well wrapped and clearly labeled "for medical use." If you produce edibles yourself, ensure that: a) the ingredients and finished product are out-of-reach of children and people who are neither patients not caregivers; b) the facility and tools used to produce the edibles are clean and sanitary (consider compliance with local and/or state clean room requirements); and c) the packaging of edibles does not violate copyright laws nor unduly attract the attention of youth.

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Help us spread this legal tip around your community! Please download a PDF, print out copies, and distribute at local dispensaries or anywhere else patients congregate.

Download the Southern California legal tip & June calendar.

Download the Northern California legal tip & June calendar.

[firemonkey]

If you like the info in these posts, look stuff up with ASA online, or believe in their services, consider joining! The high caliber of the private emails alone are super valuable to me. (You get a cool pin to show your support too) No, I don't work for them, but I believe in their hard work!

[DSW90049]

I read it that way too!
Nice to know that such top-flight people as the ASA folks see it that way.
Now, we have to make the law enforcement people, bless their pointy little heads, understand.

[the W.E.E.D.]

Thanks ASA we can never be to informed.

Thanks Again,

The W.E.E.D.

[budter cookies]

Thank you so much for clearing things up for me. I hope that the collectives will see that it's all good!



ALWAYS FEELIN' THE LOVE

[jimichunga]

When i had meds taken, i had a brownie from CPG in the car. I had peeled the label off the plastic container previously & the popo never thought twice about it. (was still in car post-raid)

Dont know if thats the right thing to do (i did it coincidentally), just thought i might pass that on.

[echo collective]

It's really good to see this in writing as I am a co-op here in Los Angeles, I had a patient that left my club and was arrested for having hash.... Police need to realize, they waste not only our time and money but they waste the taxpayers money even more so.. I happened to actually be close friends with the young man and had a bailbondsman at the Irvine Jail Trying to bail him out the minute he arrived, did they let him out no!! He was transported To Orange County COUNTY JAIL!! Over weed , and a gram of hash all clearly marked!! luckily his bail was dropped during this shit, from 20,000 to 500 so it was easy from there..

I will keep this posted as he goes to court!!

His failure as a Patient Was that he did Not have his Current Script, he left if here at the shop!!!!

Patients be warned that you need to carry multiple copies everywhere in your car home person, backpack purse wallet keep copies so Police can not be assholes!!

Originally Posted by ASA Field

ASA Legal Tip of the Month:
Medical Marijuana Edibles and the Law

Americans for Safe Access has received many reports from patients and dispensaries that law enforcement considers edible medical marijuana products to be illegal. Unfortunately, this is an incorrect interpretation of the law. California Health & Safety Code Section 11018 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." (emphasis added.) In 2003, in order to clear up confusion around the legality of concentrated cannabis, the California Attorney General (AG) issued a legal opinion on the matter. The AG concluded that Proposition 215, the Compassionate Use Act of 1996, included concentrated cannabis within the definition of marijuana, and that patients and providers should be protected from criminal sanctions.

In addition, with the passage of SB 420, the Medical Marijuana Program Act, by the California legislature, patients and caregivers are explicitly protected from criminal liability. One of the criminal statutes exempted in SB 420 for patients and caregivers, Health & Safety Code Section 11357, includes reference to concentrated cannabis. Problematic interactions with law enforcement may not be avoidable, but things to can do to lessen that likelihood include ensuring all edibles in your possession are well wrapped and clearly labeled "for medical use." If you produce edibles yourself, ensure that: a) the ingredients and finished product are out-of-reach of children and people who are neither patients not caregivers; b) the facility and tools used to produce the edibles are clean and sanitary (consider compliance with local and/or state clean room requirements); and c) the packaging of edibles does not violate copyright laws nor unduly attract the attention of youth.

______________________________________

Help us spread this legal tip around your community! Please download a PDF, print out copies, and distribute at local dispensaries or anywhere else patients congregate.

Download the Southern California legal tip & June calendar.

Download the Northern California legal tip & June calendar.