People v. Johnny O.

In 1975, the California Legislature deliberately decriminalized the possession of a device for smoking marijuana. Nevertheless, the trial court found that appellant Johnny O. violated the law by possessing two bongs—devices for smoking marijuana. It reasoned that the possession of a device for smoking tetrahydrocannabinols is still a crime and that all marijuana contains tetrahydrocannabinol. The Legislature, however, limited the meaning of “tetrahydrocannabinols” in this context to synthetic tetrahydrocannabinols. Thus, appellant did not violate the law.

I

Factual Background

On November 26, 2001, probation officers carried out a probation search of appellant’s bedroom. They found two bongs—one made out of glass and one jury-rigged from a shampoo bottle. Appellant admitted using the bongs to smoke marijuana. Each bong contained a residue which later tested positive for cannabinoids. Cannabinoids are compounds containing tetrahydrocannabinol (THC). THC is the psychoactive ingredient in marijuana.

*891 II

Procedural Background

In a subsequent petition (Welf. & Inst. Code, § 602), it was alleged that appellant possessed a device for smoking or injecting a controlled…