In California, marijuana includes concentrated cannabis which includes both hashish and hash oil. E.g., Health & Safety Code 11357(b) (marijuana, other than concentrated cannabis), (c), (d), (e). Compare 11357(a), which refers only to concentrated cannabis, and does not mention marijuana. The Paulus defense can sometimes be used in California marijuana cases by trying to plead up from the lower sentences of
the various marijuana offenses (e.g., possession for sale under 11359) to possession for sale under 11351 (which includes opiates, heroin, cocaine, and, notably, synthetic THC). If the 11351 plea does not identify the specific drug, the Paulus defense works because 11351 prohibits possession for sale of at least some non-federal controlled substances. The only difficulty is persuading the prosecution to accept a plea to
synthetic THC when the actual substance was marijuana, which contains non-synthetic THC.

In United States v. Moore, 446 F.2d 448 (3d Cir. 1971), however, the circuit rejected the cannabis indica argument, relying on Timothy Leary's Supreme Court case. The Third Circuit said:

There is only one species of this plant. Leary v. United States, 395 U.S. 6, 50 (1969). However, because of the difference in soil content and climatic conditions, the plant grown in various parts of the world is not physically the same. For example, Mexican marihuana is more potent than domestic and is consequently preferred by smokers. Leary v. United States, supra, at 49, 89 S.Ct. 1532. Cannabis indica is the name given to Cannabis sativa L. grown in India. 12 C.J.S. Cannabis pp. 1111, 1112. We agree with the District Court that "Congress intended the inclusion of the indica variety within the definition of marihuana as set forth in 26 U.S.C. 4761(a)."

Although the definition was in an earlier statute, nothing appears to be different in the current version. Thanks to Dan Kesselbrenner.

Modern biology, however, may disagree. Medical marijuana websites distinguish between cannabis indica and cannabis sativa, as different species of plant. It may be worth revisiting this 40-year-old science.