Often mislabeled as the "crack cocaine of marijuana", dabs have risen in popularity among the newer crowd of pot enthusiasts and medical patients alike. A lot of controversy has surrounded the dabbing world as of late however, mostly due to DIY dabbing amateurs, and consequences that can arise from making dabs in non-ventilated areas, with shoddy equipment.
Fortunately for dab connoisseurs living in California, the struggle to make dabs legal, has just gotten easier. In a recent ruling, a California court has concluded that "concentrated cannabis qualifies as marijuana for purposes of medical use."
Stemming from the case of Sean Patrick Mulcrevy, who in 2013 was charged with misdemeanor possession for carrying 0.5g of marijuana concentrates, the new ruling seems justified. Originally, Judge Wagoner, the ruling authority at the time, contended that dabs were not upheld by the state's Compassionate Use Act, and therefore Mulcrevy had been in violation for possessing them.
The new ruling however, announced this past Friday by the 3rd District Court Appeal, reverses Judge Wagoner's ruling.
According to reports, justices came to the conclusion that Wagoner had actually been the one in violation, for not allowing Mulcrevy to defend himself when the judge prevented Mulcrevy from presenting his defense based on the Compassionate Use Act.
Concentrated marijuana “is covered by the CUA, and there is insufficient evidence (Mulcrevy) violated his probation in light of that conclusion,” the justices stated in their unpublished opinion, according to Marijuana.com. “Therefore, we also conclude the court’s error was not harmless and we reverse the trial court’s judgment."
By recognizing that marijuana concentrates fall under the Compassionate Use Act, California courts are setting the precedent to uphold state law, and since concentrates are derived from the marijuana plant, they are completely acceptable for medical purposes, and in accordance with state law.
This small victory for dabs could potentially be the momentum needed to pass further marijuana legalization measures in California, and in other states.