With all of the marijuana-based products being made recently, one popular product is hash oil. Sometimes called "honey oil", or "resin", marijuana hash oil must be extracted by a chemical process. The law has since caught up to this process and California has chosen to punish those to extract the oil very harshly.
The purpose behind enacting Heath and Safety Code 11379.6 was to punish those who engage in an activity that endangers the public by using volatile or toxic chemicals in the production process. Even in states where marijuana laws are lax, marijuana hash oil laws are becoming more restrictive. This is due to the growing fire hazards by novice manufacturers.
This law applies to extraction of resin to produce concentrated cannabis, whether that process is by means of:
Butane
Pressure cookers
Other inventive means to make hash oil
Punishment for Extracting Marijuana Hash Oil
Much more serious than marijuana possession or sale, the exposure under the California Penal Code is a minimum of three years to a maximum of seven years in state prison for extracting marijuana hash oil. If the defendant is granted or is eligible for probation, the exposure can be up to one year in county jail. Since it is not a qualified offense similar to drug possession crimes, those charged are rarely allowed to obtain drug treatment instead of incarceration.
How Does the State Prove Someone Was Extracting By Chemical Means?
The charge is made up of two parts:
The prosecution must prove that the defendant manufactured, compounded, converted, produced, derived, processed or prepared marijuana by using chemical extraction or independent chemical synthesis.
The prosecution must prove that the defendant knew of the substance's nature as a controlled substance.
http://www.bartkasperolaw.com/Criminal-Defense/Drug-Crimes/California-Drug-Laws/Marijuana-Hash-Oil-Laws.aspx
Edit history
= new reply since forum marked as read