Blog

Is "hashish" still a crime in California?

Posted by Neil Shouse | Jul 04, 2014 | 0 Comments

Shutterstock_135667457
Hash can still land you in jail for up to 3 years

California marijuana laws have become more and more liberalized in recent years. Possession for personal use is still a simple misdemeanor. And possession of less than an ounce has essentially been decriminalized into an infraction (with a maximum penalty of a $100 fine).

But there's one exception to this trend: possession of concentrated cannabis (hashish) in California law. This is treated as a wobbler, meaning it can be prosecuted as a misdemeanor or a felony. (Read our article on the difference between felonies and misdemeanors in California.) Mere possession of concentrated cannabis, if filed as a felony, carries a penalty of up to 3 years in custody time. This puts the penalties on the same footing as serious narcotics such as cocaine, heroin and methamphetamine.

So why the disparate treatment of regular pot (buds and leaves) versus hash and hash oil? There doesn't seem to be a very logical justification, other than that the latter is more concentrated and more intoxicating per gram of the substance.

One piece of good news for California marijuana users: concentrated cannabis is covered under the state's medical marijuana laws. That is, people qualified to possess and use marijuana for medicinal purposes may have and use hashish just the same as other forms of pot. (Also see our article on "How California marijuana laws differ for users versus sellers.")

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

Office Locations

Shouse Law Group has multiple locations all across California and Nevada. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370