Colorado-Hash Illegal? hash law supercedes med law?

[grandmesajoker]

http://www.fortlewis.edu/administrative_services/police_parking/crs/marijuana.aspx

18-18-406. Offenses relating to marijuana and marijuana concentrate.


(1) Any person who possesses not more than one ounce of marijuana commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars.

(3)(a) (I) Any person who openly and publicly displays, consumes, or uses not more than one ounce of marijuana commits a class 2 petty offense and, upon conviction thereof, shall be punished, at a minimum, by a fine of not less than one hundred dollars or, at a maximum, by a fine of not more than one hundred dollars and, notwithstanding the provisions of section 18-1.3-503, by fifteen days in the county jail.
(II) Open and public display, consumption, or use of more than one ounce of marijuana or any amount of marijuana concentrate shall be deemed possession thereof, and violations shall be punished as provided for in subsection (4) of this section.

(4)(a) Any person who possesses more than one ounce of marijuana but less than eight ounces of marijuana commits:

(I) A class 1 misdemeanor; or
(II) A class 5 felony, if the violation is committed subsequent to a prior conviction for a violation to which this subsection (4) applies or would apply if convicted in this state.

(b) Any person who possesses eight ounces or more of marijuana or any amount of marijuana concentrate commits

(I) A class 5 felony; or
(II) A class 4 felony, if the violation is committed subsequent to a prior conviction in this or any other state , the United States, or any territory subject to the jurisdiction of the United States of a violation to which this subsection (4) applies or would apply if convicted in this state.

(b) Any person who possesses eight ounces or more of marijuana or any amount of marijuana concentrate commits

(I) A class 5 felony; or


As I understand it any law that explicitly defines it makes it illegal.. as per legal council.

What do you all make of it?

 

[grandmesajoker]

http://blogs.myspace.com/index.cfm?fuseaction=blog.view&friendId=79378059&blogId=469431747


Front Range Norml says the same thing... maybe this is old news?

IF YOU HAVE BEEN CHARGED WITH A HASH OR HASH OIL RELATED CRIME, PLEASE GO TALK TO LAWYER ASAP!

Here in Colorado we are used to some reasonable and mild marijuana possession laws. However, that does not apply to the marijuana concentrates such as hash, hash oil, or if you have pot Nazi's in your jurisdiction, probably also keif and other concentrates. This education is presented because we don't want our fellow citizens to be branded felons unless they actually are. Felony convictions have all kinds of nasty side effects such as loss of your right to legally bear arms, loosing your right to vote, etc.

This comes about because of case law and current Colorado Revised Statutes. The pertinent statute is C.R.S. 18-18-406. Offenses relating to marihuana and marihuana concentrate.
It's all good till you get to parts (4)(b) and (4)(b)(I).
The salient parts read:

(b) Any person who possesses eight ounces or more of marihuana or any amount of marihuana concentrate commits: (emphasis mine)
(I) A class 5 felony; or ***

Over the years, this has been attacked in numerous ways, but appelate courts have always ruled the this is constitutionally valid. A non-exaustive search of case law shows a few rulings that go against us:

Possession of hashish constitutionally treated differently. Because hashish is readily distinguishable from and potentially more intoxicating than marijuana, the general assembly may constitutionally treat possession of those substances differently, subsection (1) and (4)(b)(I), even though hashish falls into the statutory definition of marijuana in § 12-22-303 (17). People v. Velasquez, 666 P.2d 567 (Colo. 1983), appeal dismissed for want of substantial federal question, 465 U.S. 1001, 104 S. Ct. 989, 79 L. Ed.2d 223 (1984).

As is possession of hash oil. Since the active ingredient in hash oil is THC and occurs in greater concentrations in hash oil than in hashish, statute providing for more severe punishment for possession of hashish and hash oil is based upon reasonable classification and does not deny equal protection. People v. Siwierka, 683 P.2d 356 (Colo. 1984).

The distinction between marihuana and marihuana concentrate as set forth in §§ 12-22-303(17) and 12-22-303(18) complies with both the equal protection and due process requirements of the Colorado and United States constitutions. People v. Rickstrew, 712 P.2d 1008 (Colo. 1986).

So don't get bit folks! Swallow that gram of hash before the officer finds it! The individual who originated this post got caught with just over 1/2 gram of hash and is now a felon. This is ridiculuous folks, and the law needs to be changed. Please get active and contact your State representative to get it done!

Just seeing if anyone has heard of any tried cases of hash and the case has been dismissed?

 

[IWanaGetHiSoHi]

I watched Cops last Saturday ... Dude said the powder in his grinder was hash and they Busted him. If he had simply allowed the cop to believe the substance was weed (which he had assumed) ground up he would have gotten a ticket for not having his med card while possessing said weed. It was in Cali (San Bernardino I believe).

 

[puphdown]

"Usable form of marijuana" means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, and any mixture or preparation thereof,

that's straight from amendment 20