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Possession of Wax

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wavyy

Junior Member
Hello, my cousin, 18 years old, has recently got detained by the police since Friday (around 2 days) because of possession of weed wax (CONCENTRATED CANNABIS). His friend (lets call him Joe) was driving his newly bought car and he was in the passengers seat. Joe gets pulled over by a cop, to make sure it was really his car. The cop then smells an odor of marijuana in the car, because i guess they just finished smoking. The cop questions Joe and Joe confesses that he has a piece, a grinder, about 5 grams of marijuana and a lighter under his seat. Joe has a medical marijuana card. They step out of the car to get frisked and while Joe has nothing on him, my cousin had less than a gram of wax on him. They found it and let Joe off with a ticket, but charging my cousin with a felony. I want to know if there's anything i can do, or learn so i could help my cousin out. He has a clean background and this is his first involvement with the police. Can this felony be taken off his record? Please help. We live in California by the way.
 
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CdwJava

Senior Member
Hello, my cousin, 18 years old, has recently got detained by the police since Friday (around 2 days) because of possession of weed wax.
What the heck is "weed wax?"

And, are you saying he has been held in jail for about two days? Or, he was detained (stopped) by the police two days ago? If he has been held in jail for two days, what is the code section under which he has been booked?

Joe gets pulled over by a cop, to make sure it was really his car.
No, that is NOT why he was pulled over. There was another reason.

The cop then smells an odor of marijuana in the car, because i guess they just finished smoking.
Good catch by the officer! He may have just saved some lives!

The cop questions Joe and Joe confesses that he has a piece, a grinder, about 5 grams of marijuana and a lighter under his seat. Joe has a medical marijuana card.
Does he have a DHS CARD, or a recommendation? there is a difference.

And even with the DHS card he does not have a right to smoke it in the car or drive while impaired.

They step out of the car to get frisked and while Joe has nothing on him, my cousin had less than a gram of wax on him. They found it and let Joe off with a ticket, but charging my cousin with a felony.
Apparently whatever this "wax" is constitutes a felony. That's why I am curious what code section he was arrested for. I can guess, but I'd rather here what it is for certain.

I want to know if there's anything i can do, or learn so i could help my cousin out. He has a clean background and this is his first involvement with the police. Can this felony be taken off his record? Please help. We live in California by the way.
The only thing YOU can do is help your cousin with an attorney.

And, depending on the charges, he might be able to enter diversion. Successful completion of drug diversion can result in the offense being dismissed down the road. If no charges are filed by the DA, then he can also petition to have the arrest record purged ... they may not do it, but he'd be able to try.
 

sandyclaus

Senior Member
Hello, my cousin, 18 years old, has recently got detained by the police since Friday (around 2 days) because of possession of weed wax. His friend (lets call him Joe) was driving his newly bought car and he was in the passengers seat. Joe gets pulled over by a cop, to make sure it was really his car. The cop then smells an odor of marijuana in the car, because i guess they just finished smoking. The cop questions Joe and Joe confesses that he has a piece, a grinder, about 5 grams of marijuana and a lighter under his seat. Joe has a medical marijuana card. They step out of the car to get frisked and while Joe has nothing on him, my cousin had less than a gram of wax on him. They found it and let Joe off with a ticket, but charging my cousin with a felony. I want to know if there's anything i can do, or learn so i could help my cousin out. He has a clean background and this is his first involvement with the police. Can this felony be taken off his record? Please help. We live in California by the way.
Does your cousin also possess a medical marijuana card? If not, that's why he was cited for the wax (or BHO, as it's otherwise known). (California does not allow for non-medicinal possession.)

Do you know what statute he was being charged with? From my research, in California, possession of hashish or concentrates (referred to as "concentrated cannabis") is punishable by a fine of $500 and a term of imprisonment no longer than 1 year. I'm not sure that's considered a felony, so it's possible he was cited under a different statute.
 

wavyy

Junior Member
What the heck is "weed wax?"

And, are you saying he has been held in jail for about two days? Or, he was detained (stopped) by the police two days ago? If he has been held in jail for two days, what is the code section under which he has been booked?


No, that is NOT why he was pulled over. There was another reason.


Good catch by the officer! He may have just saved some lives!


Does he have a DHS CARD, or a recommendation? there is a difference.

And even with the DHS card he does not have a right to smoke it in the car or drive while impaired.


Apparently whatever this "wax" is constitutes a felony. That's why I am curious what code section he was arrested for. I can guess, but I'd rather here what it is for certain.


The only thing YOU can do is help your cousin with an attorney.

And, depending on the charges, he might be able to enter diversion. Successful completion of drug diversion can result in the offense being dismissed down the road. If no charges are filed by the DA, then he can also petition to have the arrest record purged ... they may not do it, but he'd be able to try.
lol what a smartass. I dont really care about the details, his friend probably butchered the story. I dont know whhat kind of card he has. Hes been held in jail for 2 days. I dont know which section. Weed wax is the most potent cannabis product around. It's concentrated, man made and considered a controlled substance. It looks like earwax.
 

wavyy

Junior Member
Does your cousin also possess a medical marijuana card? If not, that's why he was cited for the wax (or BHO, as it's otherwise known). (California does not allow for non-medicinal possession.)

Do you know what statute he was being charged with? From my research, in California, possession of hashish or concentrates (referred to as "concentrated cannabis") is punishable by a fine of $500 and a term of imprisonment no longer than 1 year. I'm not sure that's considered a felony, so it's possible he was cited under a different statute.
He does not. I actually don't know all the details, but what his friend said is that possession of wax is a felony because its a controlled substance. I'm sure that theres nothing else that he could have been charged for.
 

sandyclaus

Senior Member
Wax is a condensed form of Marijuana extract, like Hashish (Hash). Not as hard as regular Hash, not as runny as oil, and not as soft as butter. Just like wax. Possession of any concentrated hashish products, including Wax (aka BHO, or Butane Honey Oil) is illegal. (In case you weren't aware, hashish is a product made from cannabis, or marijuana.) That's the illegal substance here that your friend was cited for having in his possession.

California, unlike Washington and Colorado, has NOT legitimized casual use of marijuana yet. It is only legalized for those persons who have a qualifying medical condition for which their doctor has written them a prescription. Those with such a prescription can obtain a Medical Marijuana Card from DHS that can be presented to law enforcement to show that they are legally in possession of the marijuana products. Without a Medical Marijuana card that legitimizes his possession of the product, possession of ANY marijuana products is considered illegal.
 

wavyy

Junior Member
I've read that concentrated cannabis can either lead to a felony or a misdemeanor. Is there any way that he could be free from this?
 

sandyclaus

Senior Member
With the help of a good attorney, maybe.

What he needs to do is stop discussing this whole thing with anyone except an attorney that represents him. The attorney can give him a better idea of what to expect and whether or not he can get the charges dropped, or at least minimized.
 

CdwJava

Senior Member
lol what a smartass.
Really? I thought I explained the law pretty well. Your cousin was rather foolish to be driving around in the pot mobile, and his friend driving while high was downright dangerous AND stupid!

I dont really care about the details, his friend probably butchered the story.
Well, the court will ... his attorney will ... HE will ... the details are what can save or hang him.

I dont know whhat kind of card he has.
Too bad. The DHS card would have saved him a lot of headaches.

Hes been held in jail for 2 days. I dont know which section.
Also too bad as that would help to determine not only what the elements of the offense are that the state must show at trial, but it will also explain what this stuff is.

Weed wax is the most potent cannabis product around. It's concentrated, man made and considered a controlled substance. It looks like earwax.
I'll take your word for it, though I have never heard of it. Perhaps it also goes by another name?

EDIT: From what I can tell, it is essentially concentrated cannabis. I suspect he has been charged under H&S 11357(a). If so, then it is likely he will be able to plead the matter to diversion if he chooses.
 

CdwJava

Senior Member
It is only legalized for those persons who have a qualifying medical condition for which their doctor has written them a prescription.
As a note of clarification, it is NOT a "prescription." A physician can produce a "recommendation" which can then be used to obtain a state-issued DHS card through the local county Health Services agency. Most counties are on board with this, but some are not. However, very, very few marijuana users avail themselves of the DHS card for a number of reasons which i will not go into here.

The recommendation by itself can still lead to detention and arrest. How often this might occur will vary by county and by agency.
 

tranquility

Senior Member
I agree with the others regarding "wax". While the result may not violate medical marijuana laws, the process to make it may be.

http://www.chrisconrad.com/expert.witness/Bergen08CalAppB203793hashOil.pdf
 

nickuhless

Junior Member
Hello, my cousin, 18 years old, has recently got detained by the police since Friday (around 2 days) because of possession of weed wax (CONCENTRATED CANNABIS). His friend (lets call him Joe) was driving his newly bought car and he was in the passengers seat. Joe gets pulled over by a cop, to make sure it was really his car. The cop then smells an odor of marijuana in the car, because i guess they just finished smoking. The cop questions Joe and Joe confesses that he has a piece, a grinder, about 5 grams of marijuana and a lighter under his seat. Joe has a medical marijuana card. They step out of the car to get frisked and while Joe has nothing on him, my cousin had less than a gram of wax on him. They found it and let Joe off with a ticket, but charging my cousin with a felony. I want to know if there's anything i can do, or learn so i could help my cousin out. He has a clean background and this is his first involvement with the police. Can this felony be taken off his record? Please help. We live in California by the way.

i am in a similar situation myself... i was arrested for driving with possession of a controlled substance and hit with a possession of marijuana charge . i do possess a valid California Medical Marijuana doctors reccomendation ...upon pulling me over i was not made aware of the reason for being stopped... i simply complied with the officer.... he then proceeded to pull me and my 2 friends out of the car and search our person 1 by 1 followed by placing all 3 of us in the back seat of the patrol car he then proceeded to search my vehicle which resulted in them finding marijuana and wax .... on the ticket they wrote i was in possession of hash .... which is false it is not hash... i have looked at the lists (3) of controlled substances in california and wax( or BHO .. Butane Honey Oil) fails to be listed on either of these.
 

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