I have been on the hunt to truly understand the legalities involved with Butane Honey Oil. As with any cannabis related question, pertaining to the law, it is of course a grey area.
I am going to do my best to use this thread as a resource for others to learn about the laws, in order to become better educated. Anyone who can add to this thread, please do, the only thing I ask is you provide sources for your statements. (Please remember this thread is meant for the State of California only)
IS IT LEGAL TO POSSESS BHO?
According to a document from October 21, 2003 by the, then, Attorney General Bill Lockyer, "Concentrated cannabis or hashish is included within the meaning of “marijuana” as that term is used in the Compassionate Use Act of 1996."
This would leave me to understand that, YES it is legal for a qualified patient to possess BHO.
Source: https://ag.ca.gov/opinions/pdfs/03-411.pdf
IS IT LEGAL TO MAKE BHO?
The most common law that gets cited when this question comes up is California Health and Safety Code Section 11379.6
Which states, "Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000)."
As you can read they reference Sections 11054-11058 as the definitions for a controlled substance. Unfortunately with some digging you will find that marijuana is listed under Section 11054. It is within " (d) Hallucinogenic substances." and is listed as number 13, "(13) Marijuana."
This leads me to understand that the answer to this question is no. Even if you are a state medical marijuana patient it is illegal (under both state AND federal law).
Sources:
California Health and Safety Code Section 11379.6 - California Attorney Resources - California Laws
California Health and Safety Code Section 11054 - California Attorney Resources - California Laws
I am a person who likes to always learn, non-stop. I enjoy sharing what I learn with those who may not have a desire, time, or understanding of how to look up these things.
I plan on speaking with a lawyer for even more clarity on this, and when I do I will share those findings as well. For now, based on what I know, it seems the dispensaries can obtain this and patients can purchase this, however whoever is making this are the ones who should pay attention because no state law will aid in your defense.
If anyone feels I misinterpreted the quoted text or sources, please feel free to explain. If you feel I am missing something or leaving something out, please explain. I am not posting this to seem like a lawyer or know-it-all, I'm simply getting dialogue going in order to help find clarity for all of us.
I am going to do my best to use this thread as a resource for others to learn about the laws, in order to become better educated. Anyone who can add to this thread, please do, the only thing I ask is you provide sources for your statements. (Please remember this thread is meant for the State of California only)
IS IT LEGAL TO POSSESS BHO?
According to a document from October 21, 2003 by the, then, Attorney General Bill Lockyer, "Concentrated cannabis or hashish is included within the meaning of “marijuana” as that term is used in the Compassionate Use Act of 1996."
This would leave me to understand that, YES it is legal for a qualified patient to possess BHO.
Source: https://ag.ca.gov/opinions/pdfs/03-411.pdf
IS IT LEGAL TO MAKE BHO?
The most common law that gets cited when this question comes up is California Health and Safety Code Section 11379.6
Which states, "Except as otherwise provided by law, every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years and by a fine not exceeding fifty thousand dollars ($50,000)."
As you can read they reference Sections 11054-11058 as the definitions for a controlled substance. Unfortunately with some digging you will find that marijuana is listed under Section 11054. It is within " (d) Hallucinogenic substances." and is listed as number 13, "(13) Marijuana."
This leads me to understand that the answer to this question is no. Even if you are a state medical marijuana patient it is illegal (under both state AND federal law).
Sources:
California Health and Safety Code Section 11379.6 - California Attorney Resources - California Laws
California Health and Safety Code Section 11054 - California Attorney Resources - California Laws
I am a person who likes to always learn, non-stop. I enjoy sharing what I learn with those who may not have a desire, time, or understanding of how to look up these things.
I plan on speaking with a lawyer for even more clarity on this, and when I do I will share those findings as well. For now, based on what I know, it seems the dispensaries can obtain this and patients can purchase this, however whoever is making this are the ones who should pay attention because no state law will aid in your defense.
If anyone feels I misinterpreted the quoted text or sources, please feel free to explain. If you feel I am missing something or leaving something out, please explain. I am not posting this to seem like a lawyer or know-it-all, I'm simply getting dialogue going in order to help find clarity for all of us.
