In This Important New Appellate Ruling, Marijuana Processing That Causes a Fire Can Qualify as Arson

• Arson of an inhabited dwelling (451(b) P.C.) 
• Marijuana Cultivations in a home causing a fire

Manufacturing concentrated cannabis that results in the burning of a home constitutes willful and malicious conduct for arson of an inhabited dwelling (451(b) P.C.) 

The Contra Costa County Sheriff’s Office and the Contra Costa Fire Prevention District investigated a house fire in Martinez. It was determined that the defendant was engaged in the manufacture of cannabis honey oil, where the butane gas fumes emitted during the manufacturing process were ignited by lit candles used for illumination. The fire resulted in the destruction of the second story of the house, collapsed the roof and destabilized the walls. The defendant suffered burns to his right leg, arms and face. 

The defendant was convicted of manufacturing of controlled substances (11379.6 H&S) and arson of an inhabited dwelling, 451(b) P.C. He appealed, contending that he did not willfully act with the malicious intent to burn down his home. 

1DCA ruled that arson is a general intent crime. It does not always involve the willful intent or premedication to burn. Here, the defendant was engaged in a wrongful act – the illegal manufacture of drugs. The highly probable consequences of ....