Hash oil, BHO, chemical solvent extraction laws

Solvent extracts and concentrates are covered by a number of California laws and case law.

Propositions 215 and 64 both included extracts but did not remove cannabis from the controlled substances list.  The Health and Safety Code 11379.6 “Meth House” statute, below, includes cannabis because it is on the list of substances in HS 11054, but since 2015 HS 11379.6(d) specifically mentions cannabis extraction. For many years that has meant BHO was legal to possess but not to make. The People v Bergen decision held that it is the process, not the product, that is banned. People v Luna established the prosecutor’s burden of proof. When the legislature passed MCRSA, the medical marijuana regulations, it included a license to make volatile extracts. The following year, a provision was added to HS 11362.775 for an interim local license before the MCRSA licenses issue. Prop. 64 mirrors that licensing process for nonmedical use and modified the legal issues on extraction by including in HS 11362.3(a)(6) the term “volatile” rather than simply “chemical extraction.”   Continue reading Hash oil, BHO, chemical solvent extraction laws

Physicians’ First Amendment right to recommend cannabis

medical marijuana dispensaryConant v. Walters: Physicians have a First Amendment right to discuss cannabis with patients — not to help them obtain it.

The order enjoins the federal government from either revoking a physician’s license to prescribe controlled substances or conducting an investigation of a physician that might lead to such revocation, where the basis for the government’s action is solely the physician’s professional “recommendation” of the use of medical marijuana.  Continue reading Physicians’ First Amendment right to recommend cannabis

Luna: Hash oil manufacturing case needs all components

People v Luna: “while the [chemical extraction] manufacturing process need not be complete, it must at least be started.”

“[W]hile the [solvent extraction] manufacturing process need not be complete, it must at least be started.” … “At the time appellant was arrested, he had no ability to begin manufacturing hashish, which expert opinion established is an instantaneous as opposed to an incremental process. In order to begin manufacturing hashish, appellant still had numerous steps to accomplish, including assembling the components of the manufacturing device… ”  Continue reading Luna: Hash oil manufacturing case needs all components

Prop. 64: Criminal penalty reductions, social justice

Proposition 64 Section 8. CRIMINAL OFFENSES, RECORDS, AND RESENTENCING.

Chris Conrad, Friends of Prop 64 victory party
Chris Conrad celebrates the passage of Prop. 64 with Friends of Prop 64 on election night, 2016.

The Adult Use of Marijuana Act 2016 did not repeal all the previous criminal penalties on marijuana but adjusted them downward and allows for more social justice. This section describes the remaining criminal penalties, downward resentencing for people with priors, destruction and expungement of records, early release from incarceration and juvenile justice.

Continue reading Prop. 64: Criminal penalty reductions, social justice