Honey oil, hash oil and solvent extract are all legal for adults and qualified patients to possess in California. The state’s solvent extraction ban, Health and Safety Code 11379.6, was originally written to prevent methamphetamine production. It is the process that is banned, not the product or its consumption.
The broad language of the law has plagued people who try to use safe extraction methods like closed loop solvent extraction, CO2 and even alcohol-evaporative concentrates. This is due to the definition in the law.
Legislation has improved this definition, fortunately, in Proposition 64 voter initiative and Senate Bill 94, and it now reads:
11362.3. (b) (3) “Volatile solvent” means a solvent thatis or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
Marijuana should be removed from the controlled substances list
The real problem is that keeping cannabis in the controlled substances list ties it to the extraction penalties for more toxic and dangerous processes. The real solution is to remove cannabis from the list and treat extraction as a commercial enterprise and set safety standards for home production.
This post has most of the Health and Safety Code laws regarding marijuana, the Prop. 215 medical defense and destruction of bulk evidence, but other sections on my site include the SB 420 MMPA and AB 266 MCRSA medical marijuana programs. These are the statutes in this post: Health and Safety 11357, 11358, 11359, 11360, 11361, 11362, 11362.5, 11479
Proposition 64 Section 8. CRIMINAL OFFENSES, RECORDS, AND RESENTENCING.
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.
This section of the Adult Use of Marijuana Act (AUMA) provides for the production and processing of industrial hemp as a small scale to large scale agricultural crop and manufacturing resource. It allows for more groups to conduct research and allows smaller projects down to 1/10 of an acre plots (formerly 2-5 acres minimum).
SB 420 / Senate Bill 420 Cannabis collective defense;
AB266 / 243 Collective defense ends in 2019 SB 2679 Interim extraction licenses through 2019
Summary: In 2003 the California legislature (SB420) created a limited collective defense allowing patients to grow, furnish or sell medical marijuana to one another in HS 11362.775. In 2015, it amended the program (AB243), creating a legal licensing scheme and terminating that defense effective in 2019.
Chris Conrad, a cannabis legal expert and author of “The Newbies Guide to Cannabis & The Industry,” said the type of extraction can also produce what is commonly known as an “entourage effect” or “ensemble effect.”
“There is a combination of 100 plus molecules in marijuana that have this medical effect depending on how they interact with each other and the human body,” he said. “That’s what a lot of people think is so great about cannabis.”