Honey Oil Cases Tests Limits of Medical Pot Law

mars2112 · Sep 18, 2006

The medical marijuana defense does not apply to the statute that
relates to chemical manufacturing" she said.

well attorney general lockyer said concentrates are protected under the law:
http://www.metnews.com/articles/agop102303.htm

Honey Oil Cases Tests Limits of Medical Pot Law

http://kcbs.com/pages/84243.php?contentType=4&contentId=206755

Sunday, 17 September 2006

SAN RAMON, Calif. (KCBS) -- The manufacture of a marijuana extract
popular with medical cannabis users who require large doses of pot to
control their symptoms is putting Prop. 215 to the test.

The Alameda County District Attorney is trying to prosecute three
people for manufacturing a controlled substance, charges with more
severe penalties that are usually reserved for makers of crack cocaine
and methamphetamine.

The two men and a woman were arrested after a San Ramon townhouse
exploded in February. Firefighters who entered the burning building
discovered a marijuana product called honey oil was being manufactured
using what are called honey bee extractors, said Deputy District
Attorney Dana Filkowski.

Making honey oil requires butane, said Filkowski as she explained the
volatile process to KCBS reporter Dave McQueen. The pot is crushed and
then flooded with butane to extract the active chemicals from the
plant.

The honey oil was intended for patients at a medical marijuana
dispensary in Richmond, and the case has prompted outcry from medical
marijuana advocates.

"The D.A. is making a mistake", said William Dolphin with Americans
For Safe Access. "This is an effective way to get larger doses without
having to ingest larger material."

"Honey oil is merely an extract of the cannabis plant. There's no
chemical difference between honey oil and what you get in the whole
plant, so it's really nothing different than what people would
commonly consider to be marijuana," Dolphin said.

The charges sought by Filkowski do not address any medical value the
honey oil might have. The issue is the manufacturing process, which
she said poses a serious public safety threat.

The makeshift San Ramon lab threatened the entire townhouse complex,
Filkowski maintains. She claims entire townhouse complex could have
gone up in flames if not for a good sprinkler system.

"The medical marijuana defense does not apply to the statute that
relates to chemical manufacturing" she said.

"The legislature seems to be saying that the defense is not going to
extend to the more dangerous conduct."

So whether consuming the drug is legal, or quasi-legal as it has been
in California since Prop. 215 passed and many cities and counties
chose to de-prioritize enforcement of federal drug laws, does not
guarantee that producing it is legal.

Many counties have passed ordinances allowing small quantities of
marijuana to be grown for medicinal consumption. A guilty verdict in
this case could begin a push to relax some drug manufacturing
statutes.

Keefhead · Sep 19, 2006

mars2112 said:
The medical marijuana defense does not apply to the statute that relates to chemical manufacturing" she said.

well attorney general lockyer said concentrates are protected under the law:
http://www.metnews.com/articles/agop102303.htm

I think that while the Lockyear memo allows us to possess BHO, the other law against chemical manufacturing does not allow us to manufacture it (because of the possible dangers to neighbors, etc.).

So those who like, or need, the strength of BHO, can have it but not make it. Wait a minute, something's wrong with this equation....

Besides, when done right, BHO is easy and safe to make. WHEN DONE RIGHT! Sorry for yelling, but that's very important.

However, no problem making bubblehash, if you can. It's cheap, easy, and healthy. Heh, just a wayward thought I just had to throw in here. :crazy:

K

Laxpunker · Sep 19, 2006

I think this is the first official case of a house exploding due to BHO that I've heard of...it's a damn shame that not only did they lose their home they're getting charged for it.

mars2112 · Sep 20, 2006

well, i've been discussing this case with a bay area pot lawyer who thinks this couple may have a good defense.. could set precident or lead to more clarification in the law

jaykush · Sep 20, 2006

thats the risk you take when making oil. ill stick to dry sieves and water extractions.

Laxpunker · Sep 20, 2006

jaykush said:
thats the risk you take when making oil. ill stick to dry sieves and water extractions.

I hate to insult someone doing something for the cause...but they fucked up bad. BHO extractions should be made OUTSIDE. I've done countless runs and the worst injury sustained was a cut from the pipe...my own dumb fault not the method.

mars2112 · Sep 20, 2006

^^ to be fair to the patients, they live in a townhouse so they probably weren't able to extract outside

A guilty verdict in this case could begin a push to relax some drug manufacturing statutes.

yeah, they are going to have to relax some statutes with respect to mmj patients.. like dispensaries selling medicine.. you can't make possession and purchase legal and sales illegal.. just like you can't have possession of concentrates legal but their manufacture illegal..

jaykush · Sep 20, 2006

yea for sure ive made it before, safely at that. Id just rather not go through the trouble. i like hash more personally too. when doing something like butane,iso,acetone extractions you need to be VERY careful.

Laxpunker · Sep 20, 2006

mars2112 said:
^^ to be fair to the patients, they live in a townhouse so they probably weren't able to extract outside

yeah, they are going to have to relax some statutes with respect to mmj patients.. like dispensaries selling medicine.. you can't make possession and purchase legal and sales illegal.. just like you can't have possession of concentrates legal but their manufacture illegal..

Then they should have thought of another method. I don't mean to be a douche by saying this, but they did put other peoples LIVES at risk. I'm not saying they deserve to serve time, it sounds like no one was hurt and the only ones who suffered are them. But like Jaykush said they could have made bubble or something along those lines. Or if they were so set on BHO even gone into the woods with glass conatiners with lids. I doubt neighbors would find it too suspicious to see a couple containers on their porch.

Like I said I don't mean any offense, but if you don't have the room to house a lion you don't get a lion...just because it's Marijuana doesn't mean you handle things any differently.

mars2112 · Sep 20, 2006

Trio accepts deal in pot 'honey oil' case

By Bruce Gerstman
CONTRA COSTA TIMES
9/20/2006

SAN RAMON - Three men who were making a cannabis product for medical marijuana patients have pleaded no contest to felony charges in the county's first pot case involving a manufacturing charge

Prosecutors have reserved such charges for methamphetamine and rock cocaine cases.

Superior Court Judge William Kolin on Tuesday imposed a three-year suspended state prison sentence on William Stoeckel, 20, Ashley Stoeckel, 24, and 24-year-old Eric Hughes, prosecutor Dana Filkowski said Tuesday.

As part of a plea agreement, the trio will serve six months in County Jail. If they violate their five-year probation, a judge could send them to prison, Filkowski said.

The trio were making "honey oil" - a concentrated form of cannabis - by adding butane to marijuana in February in the garage of the San Ramon home when an explosion caused a fire.

The District Attorney's Office dismissed charges of possessing marijuana for sale, conspiracy and poisoning, Filkowski said. The office will dismiss the cultivation charges in five years if the defendants successfully serve their probations.

The plea agreement forbids any of the men from using butane, even common cigarette lighters, she said. They cannot care for patients using medical marijuana or participate in cannabis clubs.

Dankz · Sep 21, 2006

Sucks

Sucks

damn,

I think this was my friends buddy's house.. Garage, Same county and was making it for a medical marijuana co-op in Richmond..

I hope all goes well in court :fsu:

*Dankz

NoNameNoshame · Sep 21, 2006

I'd take the 6 months, 5 years of probation is just asking for the 6.

I prefer everclear for the oil extract, better tasting, that and bubble.

dude06version · Sep 21, 2006

jaykush [yea for sure ive made it before, safely at that. Id just rather not go through the trouble. i like hash more personally too. when doing something like butane,iso,acetone extractions you need to be VERY careful. ]

to be honest i find iso to be alot easier and less of a risk then bho...1-2min to wash 30-45 to dry..basically as long as you vent the fumes, and avoid uses gas stove tops then your fine....basically i dont worry about blowing up my house(or myself) with iso..

inflorescence · Sep 23, 2006

Laxpunker said:
Like I said I don't mean any offense, but if you don't have the room to house a lion you don't get a lion...just because it's Marijuana doesn't mean you handle things any differently.

State law says your allowed to grow MJ. Growing involves high amounts of electricity and heat from the bulbs. This potential fire danger can endanger other peoples lives but the state has said it's ok to do if it's MJ so why should extractions be considered different? Yes, butane extractions may pose MORE of a risk but then the arguement is a matter of degree and that's not what you or the DA are arguing.

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Honey Oil Cases Tests Limits of Medical Pot Law

mars2112

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