Selling of Synthetic Marijuana

It is unlawful for any person to sell, dispense, distribute, furnish, administer, give, or offer to sell, dispense, distribute, furnish, administer, give, or possess for sale any synthetic cannabinoid compound or derivative of a synthetic cannabinoid compound.

What is the definition of a synthetic compound under Health and Safety Code 11357.5 HSC?

Synthetic cannabinoids, are synthetic because they are cultured in a laboratory to culture chemicals which mimic the properties and propensities of those extracted from glandular trichomes on the Sativa L. Once the chemicals are manufactured in the laboratory the chemicals they are sprayed on a plant or resin compound resembling those for consumer purchase to appeal to the branding, and aesthetical appeal of the consumer base. Without actual glandular trichome extracts, the dissipation of the chemical waste does not get detected in blood, breath, or urine test- which is how the synthetic compound is referred to as the new legal high. Therefore, Synthetic cannabinoids are called New Psychoactive Substances (NPS).

Examples of synthetic cannabis products:K2, spice, joker, and black mamba.

Examples of synthetic chemicals:adamantoylindoles, naphthylmethylindoles, phenylacetylindoles, cyclohexylphenols, benzoylindoles.

What is the definition of possession under Health and Safety Code 11357.5 HSC?

Possession can be actual or constructive. Possession itself is the ability to acquire or contain an object. Actual possession is all possession that is physical by a person with grip as an indication of dexterity. Constructive possession is that indicating the ability to contain at will by authorization or reach. Authorization as a form of constructive possession is directing others to acquire the object or creating plans or schemes needing to result with the possession of the object: employment settings or designations of leadership or common examples that induce others to acquire possession for another.

Do you need a license to possess, sell, or distribute a synthetic marijuana product in quantities under Health and Safety Code 11357.5 HSC?

No. A license cannot be acquired to sell or possess synthetic marijuana. Under Health and Safety Code 11357.5 the mere possession of one packet, or one unit is considered a violation not specified to weight.

Health and Safety Code 11357.5 HSC – Sentencing 

A violation of Health and Safety Code 11357.5 HSC is charged as a misdemeanor depending on whether the act derives from a sale or simple possession. A violation of Health and Safety Code 11357.5 HSC, deriving from a sale, is punishable by confinement not exceeding 6 months in jail with a fine, not exceeding $1000 dollars. A first offense, deriving from simple possession, does not carry confinement, but provides fines not to exceed $250 dollars; A second offense, deriving from simple possession details confinement not exceeding 6 months in jail with fines not exceeding $500 dollars; A third offense, deriving from simple possession details confinement not exceeding 6 months in jail with fines not exceeding $1000 dollars.

What is an example of a violation of Health and Safety Code 11357.5 HSC?

• Paul drove to Indiana with his brother, in his brother’s car, to visit their Parents. On the way back they went to a vape shop to get cigarettes. The store clerk had a display case of boxes that were entitled, “K2, Spice, Kush, Northern Lights- NPS”. Paul purchased one pouch of NPS. One pouch had two buds mimicking the aesthetically looks of marijuana strain buds. Paul slept while his brother drove to the State of California. Upon reaching the State, Paul took over the driving duties and began to smoke the NPS. The NPS was a packet of two buds. Paul was stopped by CHP for not wearing a seatbelt. During the stop, the officer did smell the NPS odor which mimicked the smell of a potent skunk marijuana. Paul clarified that he was not smoking marijuana but a fake marijuana and showed the officer the receipt and packaging containing the substance. Paul and his brother were detained, driven to a police station, and evaluated for toxicity showing no impurities, but were arrested for the possession.

Health and Safety Code 11357.5 HSC – Defending 

• Duress
• Diminished Capacity
• Lack Probable Cause
• Mistake in Law – Lack of possession, or lack of intent to sell