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Concentrating on the Law: California Law on Medical Cannabis Concentrates

Medical
cannabis concentrates have been a hot issue because of its ever growing
popularity and its ambiguous legal status in California. Currently, California
has only outlawed the manufacturing of

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Medical
cannabis concentrates have been a hot issue because of its ever growing
popularity and its ambiguous legal status in California. Currently, California
has only outlawed the manufacturing of cannabis concentrates by means of
chemical process. It is not illegal to ingest or possess concentrated cannabis,
such as hashish oils, dabs, waxes or some edibles. However, the life expectancy
of medical cannabis concentrates was nearing its demise when Senator Correa
first introduced his bill on medical cannabis regulation.

Original SB-1262 revisited

As we
wrote months ago, Correa sought to have the State Department of Public Health
oversee regulating medical cannabis as well as the doctors recommending
cannabis to patients. The bill intended to keep doctors who recommend cannabis
to patients under a microscope by auditing them if they would have more than
100 recommendations a year. Furthermore, the law would have required doctors to
specifically describe the type of
cannabis the patient was recommended, how much, method of delivery and provide
reasons behind his or her recommendation. Additionally, the bill sought to
outlaw doctors recommending only medical cannabis and required a “bona
fide doctor patient relationship with the person to whom they are issuing the
recommendation.” With doctors being held accountable for the medical
cannabis permitted, doctors would be less likely to recommend cannabis concentrates.

By
severely regulating and restricting a doctor’s freedom to recommend cannabis,
the law implicitly banned concentrates. Lobbyists for the bill argue that the
manufacturing of these products by way of butane extractions is a very
dangerous process that results in serious injury or death. Although there are
definitely safety concerns here, restrictions on doctors or a ban on the use of
concentrates for serious illnesses is not the answer. 

SB-1262 Improved, and What that Means for
Cannabis Concentrates’ Future!

SB-1262
went through three hearings in the State Senate and even beat out its
competitor AB-1894, written by Tom Ammiano. Correa’s SB-1262 has now been
passed by the State Senate and is on the State Assembly’s table. Though many
think it still needs some changes and is incomplete, the bill has received a
serious makeover. First, the bill will not have the State Public Health
Department regulate medical cannabis but now the Department of Consumer Affairs
would be the agency in charge of regulation. Next, thankfully, any regulation
on doctors’ ability to recommend medical cannabis has been completely scratched
out. The only regulation of physicians will be making it illegal to solicit
with a dispensary for a financial interest. Therefore, anything having to do
with regulation of concentrated cannabis products has been taken out of the
bill, thus not restricting or outlawing cannabis concentrates. Many may chalk
that up as win, but it still leaves the future of concentrated cannabis
products in question. In the amended bill it does have a section in it that may
address how patients consume their medical cannabis.

Section
2525.1 states, “The board shall consult with the California Marijuana
Research Program, known as the Center for Medicinal Cannabis Research . . . on
developing and adopting medical guidelines for the appropriate administration
and use of marijuana.” Meaning, the issue over medical cannabis
concentrates is still up in the air.

Although
the bill has made it to the State Assembly, it could still be revised or even
rejected. Hopefully, cannabis concentrate status will be defined more clearly
and result in a bill that favors the needs of medical cannabis patients. If it
remains undefined in the bill and the bill passes, then it’s in the hands of
board members and the Center for Medicinal Cannabis Research. Either way, it
looks like we are close, and yet still far from getting a result.

Hope you find this article helpful. Contact Meital Manzuri for
further help. Meital Manzuri is a Los Angeles-based criminal defense attorney,
speaker and consultant for patients, collectives and dispensaries. If you have
questions about medical cannabis or any other criminal defense matters, she can
be contacted via phone at (310) 601-3140 or Manzurilaw.com.

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