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

Hash oil manufacturing charge requires 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 Hash oil manufacturing charge requires all components

California: Personal Adult Use of Marijuana

Proposition 64 Section 4. PERSONAL USE.

The personal adult use section of the Adult Use of Marijuana Act 2016 (AUMA) initiative defines marijuana, legalizes it and establishes parameters for lawful use and responsible behavior. Age of consent at 21 years includes Legal adult use one ounce of marijuana and eight grams of concentrate, Grow six plants per residence and keep or give away the harvest, Lawful amounts not basis for search or seizure, No local bans on possession, sharing or discrete, enclosed gardens, Medical Marijuana exemptions. Responsible public behavior includes Open container rule, Marijuana DUI, Impairment issues, Workplace, Property rights, Infractions and tickets, Medical Marijuana exemption. Criminal statutes in Section 8. Continue reading California: Personal Adult Use of Marijuana

Prop. 64: Criminal penalty reductions and social justice

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.

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

BHO and chemical extraction of cannabinoids / concentrates

People v. Bergen: Medical use is not a defense against charge, use of chemical extraction to manufacture a controlled substance

Note: Because marijuana and extracts are in the controlled substance list, because the HS 11379.6(a) chemical extraction ban is a general intent offense and because the medical marijuana laws do not list a specific protection from the chemical extraction charge, there was no defense. In 2015 the legislature passed the Medical Cannabis Regulation and Safety Act creating a dual state and local license for this activity.

“We conclude that when, as here, the method used to extract the marijuana resin was by means of a chemical such as butane, section 11379.6(a) applies over the more general statute punishing marijuana cultivation, harvesting or processing.” Continue reading BHO and chemical extraction of cannabinoids / concentrates

Criminal justice reform in O.C. Register report 2016

Life in prison for pot?
If Prop. 64 passes, that could change

By BROOKE EDWARDS STAGGS / STAFF WRITER

One million people convicted of marijuana-related misdemeanors and felonies could petition to have their records changed or cleared, the nonprofit organization estimates. That would give them wider access to jobs, housing and other services that are currently out of reach.

“The criminal code changes are so profound that, even if I didn’t like other things in the initiative, I would vote for it just for that,” said Chris Conrad, a longtime marijuana activist who’s backing Prop. 64 even as many friends in the medical cannabis community remain divided over the measure.

But law enforcement could no longer use the smell of marijuana, or the presence of paraphernalia, as a basis for broader searches.

Conrad, who has served as an expert witness in some 2,500 marijuana-related cases, said removing weed as probable cause will eliminate a common point of contact with police that often escalates into something more serious.

“Out of all the court cases I have been involved with, probably 50 percent start off with cops saying they smell marijuana,” he said.

Read the whole article online at ocRegister.com.

Interviewed as expert on cannabis extracts

Concentrated: A new era for cannabis extracts in California

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.”

Continue reading Interviewed as expert on cannabis extracts

Marijuana offender, CA drug registry

California Health and Safety Code 11590. (a) Except as provided in subdivisions (c) and (d), any person who is convicted in the State of California of any offense defined in Section 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11354, 11355, 11357, 11358, 11359, 11360, 11361, 11363, 11366, 11366.5, 11366.6, 11368, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11383, or 11550, or subdivision (a) of Section 11377, or any person who is discharged or paroled Continue reading Marijuana offender, CA drug registry

How much California cannabis can you grow without a license?

California businesses have three options currently: 1) SB 420 patient collective defense until 2019; 2) MCRSA medical marijuana licenses available in 2018; 3) AUMA (Prop. 64 nonmedical licenses available as provisional licenses now or with state licenses beginning in 2018.

California adults also have four choices as to how to legally grow marijuana for personal use or sharing without getting a state license. These gardens must be noncommercial and can be grown for nonmedical personal use and sharing or it can be following one of three medical marijuana protocols as discussed below.  Continue reading How much California cannabis can you grow without a license?

Pre-Prop. 64 archive, California HS 11357 – 11362.9

Health and Safety Code – HSC 11357 – 11362.9

A compendium of California marijuana definitions and statutory laws related to cannabis hemp / marijuana as they were listed from 1976 to 2016, when the voters adopted Proposition 64. Do not rely on these for legal purposes, they are posted here merely as an historical archive of state laws.
Continue reading Pre-Prop. 64 archive, California HS 11357 – 11362.9