Mono Assistant DA offers legal clarification on medical marijuana issue

While California Attorney General Kamala Harris works privately on her own medical marijuana guidelines, local police mono_courthouse_10-08and prosecutors say they are trying to do the right thing. A recent case raised the question, is concentrated cannabis, sometimes called hashish, legal under the medical marijuana laws. Mono Assistant District Attorney Tim Kendall has responded.

Kendall said that there is an attorney general’s opinion from 2003 that says concentrated cannabis is covered under the medical marijuana law. Kendall said that he believes case law confirms that concentrated cannabis is legally covered. The Assistant DA said, “If the hash is in personal use amounts and is supported by a doctor recommendation or an MMP card (Medical Marijuana Program) card, then it is legal to possess. However,” said Kendall, “an individual who converts/ processes the marijuana into hash or honey oil could be subject to prosecution based on their lack of classification under our medical marijuana laws.”

Kendall went further to say that the public needs to understand that a doctor’s recommendation does not make them immune to arrest or seizure of their medical marijuana. Law enforcement, said Kendall, may and often will arrest and let the court figure it out. Kendall pointed out that marijuana possession still remains illegal. “A doctor’s recommendation,” said Kendall, “simply provides a defense to the charge of possession of marijuana once they are in court. On the other hand,” he said, “an MMP card does protect them from arrest and seizure of their medical marijuana.”

Kendall said if a person possesses an MMP card, the only discretion left for an officer is to determine whether the amounts indicate possible sales vs. personal medical use. He said if the officer feels it is for sale based on the circumstances, the officer can arrest and seize.

 

 

One Response to Mono Assistant DA offers legal clarification on medical marijuana issue

  1. ok June 24, 2011 at 9:44 pm #

    Well does Kendall and Law Enforcement take into consideration, that as a Co-operative or Collective member it is ok to take Some of the Cannibis grown by the member and allow it to be given to the collective for reimbursement purposes? I hope they do, SB420 encouraged this type of activity and Co-operative and Collectives by definition mean this. You just have to work under the guidelines of Prop 215, SB420, Local ordinances, and Non-profit laws.

    Kendall did not address that the Deputy (and under-sheriff) were incorrect in believing hash was illegal. I think local Law Enforcement need to re-examine themselves as well as train a bit more on the subject.

    God Bless the Men in blue and the line they hold! Just relax a little when it comes to Medical Cannabis.

     

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