IN RE JOHNNY O.

No. E031600.

132 Cal.Rptr.2d 471 (2003)

107 Cal.App.4th 888

In re JOHNNY O., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Johnny O., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

April 8, 2003.


Attorney(s) appearing for the Case

Susan K. Reiser, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster and Rhonda L. Cartwright-Ladendorf, Supervising Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

RICHLI, Acting P.J.

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...

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