7 Things You Should Know About California “Hash Laws”

In this post you are going to learn everything there is to know about possession of concentrated cannabis laws in California.

In fact:

With changes in the law it is legal in many circumstances to possess concentrated cannabis (hash).

Let’s get started…..

What Is Concentrated Cannabis?

Concentrated cannabis means the separated resin, whether crude or purified, from the cannabis plant.

There are a number of ways to make hash, however to produce it legally in California it must be made without butane or other chemical solvents to extract the resin.

Concentrated cannabis is also known as:

• “hash,”
• “wax”
• “hash oil,” or “
• “hashish”¹

Sometimes concentrated cannabis is in the form of a dark brick and other times a thick golden substance such as the image below.

Proposition 64 Changed The Law For Possession Of Concentrated Cannabis

In 2016 California voters passed Proposition 64 which changed the law regarding recreational marijuana which included concentrated cannabis.

Under California’s Proposition 64 which went into effect January 2018 adults can now possess, transport, or obtain 8 grams or less of concentrated cannabis as long as they are 21 years of age or older legally².

However, if you possess, transport or obtain more than 8 grams it is a misdemeanor offense punishable by up to 6 months in jail and a $500 fine.

Additional Exception For Legal Possession Includes:

If you are under 21 it is an infraction to possess concentrated cannabis of any amount.

California State Law Considers “Possession” To Be “Actual” Or “Constructive.”

There are two (2) kinds of ‘possession’ under California law:

1. Actual Possession
2. Constructive Possession

What Is Actual Possession?

This means that you have actual and/or exclusive control over the concentrated cannabis, as in, you actually have it in your hand or on your person³.

Constructive Possession

This means that you do not have to actually hold or touch the substance, to possess it.

Two or more people may possess something at the same time, which will give rise to constructive possession.

Example of Constructive Possession

You and your friends have concentrated cannabis at a party that was purchased jointly.

Medical Marijuana Card Holders Are Not Subject To Limits

If the hash, hash oil or “wax” was recommended/prescribed by a licensed physician for medical use than you are not subject to limits on the amount of concentrated cannabis you can possess⁴:

Important Note:

Under the law, you do not necessarily have to prove that you are, in fact, seriously ill, but just that a licensed physician has legally authorized you to use Medical Marijuana⁵.

You Must Have “Knowledge” Of The Concentrated Cannabis’s Presence To Be Convicted

To be convicted under Health and Safety code 11357 you must know that the concentrated cannabis or hash is there.

To clarify, the law requires that you knew you possessed the concentrated cannabis as well as its nature or character as concentrated cannabis.

Therefore, knowledge is a critical part of this charge..

The prosecutor is required to prove that you knew of the concentrated cannabis rather than you having to prove you were not aware of its presense⁶

Being A Primary Caregiver Is A Defense

If you are the primary caregiver of someone authorized to use medical marijuana, then your attorney may be able to argue to the prosecutor that your possession of concentrated cannabis was not illegal.

You must be able to establish the following:

1. That you are in fact the primary caregiver as defined in the cannabis use act.
2. The person that you care for has a valid medical marijuana card.

Penalties For Violating Heath And Safety Code 11357

The penalties and sentencing depend on the specific circumstances giving rise to your case, as well as your criminal history and the severity of the offense.

Potential penalties under this section were updated and changed under proposition 64 as previously mentioned.

They now include the following:

Possession of any amount of marijuana concentrate:

• Under 21 is an infraction

Possession of more than 28.5 grams or 8 grams of concentrate:

• Under 18 infraction
• 18-21, misdemeanor
• 21 and over, misdemeanor if more than 8 grams of concentrate.

Misdemeanor Penalties include:

• Up to $500 Fine
• Up to 6 months in jail.

Important Information

1. People v. Bergen, CA Ct. App; [↩]
2. Health & Safety Code 11375(a). [↩]
3. People v. Barnes (1997) 57 Cal.App.4th 552, 556 [67 Cal.Rptr.2d 162]. [↩]
4. Person with an identification card” means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to this article. Health & Safety Code section 11362.7 (c), then you are legally allowed to possess medical marijuana ((California Health and Safety Code 11362.71 (e) No person or designated primary caregiver in possession of a valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article. [↩]
5. Conviction for cultivating marijuana was reversed because the jury was erroneously instructed that for a compassionate use defense, defendant had to prove that he was “seriously ill.” The question of whether the medical use of marijuana was appropriate was a determination that was to be made by a physician and that was not to be second-guessed by jurors. People v. Spark (2004, Cal App 5th Dist) 121 Cal App 4th 259, 16 Cal Rptr 3d 840, [↩]
6. People v. Thompson (1972) 25 Cal. App 3d 132. [↩]