P. v. Lahr
In a bench trial, defendant Thomas Martin Von Lahr II was convicted of possession of concentrated cannabis. (Health & Saf. Code, 11357, subd. (a).)[1] Imposition of sentence was suspended and defendant was placed on formal probation for three years on conditions including incarceration for 32 days with credit for 32 days served. On appeal, defendant contends the trial court erred by concluding that the Compassionate Use Act of 1996 ( 11362.5 et seq. [hereafter CUA]) does not apply to concentrated cannabis. The Attorney General concedes that the trial court erred in concluding that the Medical Marijuana Program Act ( 11362.7 et seq. [hereafter MMPA]), enacted in 2003, limit[s] the type of marijuana that a patient is permitted to possess under the CUA, but claims the error is harmless beyond a reasonable doubt. Disagreeing only with this last contention, Court shall reverse the judgment.
Comments on P. v. Lahr