Concentrated cannabis qualifies as medical, California court rules

A unanimous three-justice panel of the 3rd District Court of Appeal disagreed this week with an earlier ruling by El Dorado Superior Court Judge James R. Wagoner and reversed the judge’s decision that a medical marijuana patient violated probation by possessing concentrated cannabis.

Wagoner reviewed the existing legal authority indicating that concentrated cannabis is covered by California’s Compassionate Use Act, or CUA, the 1996 voter initiative approving medical use of marijuana with a doctor’s recommendation. But Wagoner rejected the authority as “unsound” and ruled that “the (CUA) does not apply to concentrated cannabis” because the act does not define marijuana, refer to concentrated cannabis or incorporate statutory definitions of either term.

In an opinion issued Wednesday, the justices concluded that Wagoner violated Mulcrevy’s right to defend himself when the judge prevented Mulcrevy from presenting a defense based on the CUA.

The opinion was authored by Associate Justice M. Kathleen Butz, with the concurrences of Presiding Justice Vance W. Raye and Associate Justice Cole Blease.

By Denny Walsh dwalsh@sacbee.com 12/19/2014