• Registered: 2010-03-10
  • Posts: 1

Topic: Arrested with concentrated cannabis, need help please

A couple weeks ago, I went up to Lake Tahoe with a friend to go snowboarding. As we pulled in South Lake Tahoe city at 2 a.m., we were pulled over for speeding. I had with me just over 1/2 ounce of flowers and about 4-6 jars of hash and hash oil (only had so much because it was my birthday) as well as 2 items of paraphernalia.

After locating the various jars and completely searching the car, the officers proceeding to arrest me telling me the oils were illegal. I believed most of the concentrates I had were water based as compared to produced by butane and was unsure of the law but thought they were OK. I have been told that butane processed concentrated are illegal, so 1) is this true? and 2) I am unsure about the water based, or is all the same and considered illegal by the state?

Upon booking me and seizing all of the concentrates, they returned all of the medication flowers over to the driver, a non-prescribed medical marijuana patient and took me to jail. My friend bailed me out a few hours later and I was given a court date for next month.

I have not yet hired an attorney and do not know if this is necessary or will I get the same results from a public defender?

I would greatly appreciate any information anyone can provide on helping me get a better idea of my situation. Thanks

Avman35

  • Registered: 2008-02-12
  • Posts: 743

Re: Arrested with concentrated cannabis, need help please

AVman,

search the board, you will find quite a few citations to the California A.G.'s decision on concentrates

In California, I believe the only legal way to produce concentrates is using ICE methods
or making CannaOil or CannaButter.  Butane is illegal.

Anyone want to weigh in on ethanol's legality for making concentrates (I think Seraph believed
that was illegal too).

Lots of swiss cheese holes in these laws sad

Hopefully you travelled with your meds in the trunk?

Get a good lawyer, challenge them and demand your meds back.

Best of luck to you.

(waving hi to all my ASA folks, I only have sporadic and brief access to a working 'puter right now)


avman35 wrote:

A couple weeks ago, I went up to Lake Tahoe with a friend to go snowboarding. As we pulled in South Lake Tahoe city at 2 a.m., we were pulled over for speeding. I had with me just over 1/2 ounce of flowers and about 4-6 jars of hash and hash oil (only had so much because it was my birthday) as well as 2 items of paraphernalia.

After locating the various jars and completely searching the car, the officers proceeding to arrest me telling me the oils were illegal. I believed most of the concentrates I had were water based as compared to produced by butane and was unsure of the law but thought they were OK. I have been told that butane processed concentrated are illegal, so 1) is this true? and 2) I am unsure about the water based, or is all the same and considered illegal by the state?

Upon booking me and seizing all of the concentrates, they returned all of the medication flowers over to the driver, a non-prescribed medical marijuana patient and took me to jail. My friend bailed me out a few hours later and I was given a court date for next month.

I have not yet hired an attorney and do not know if this is necessary or will I get the same results from a public defender?

I would greatly appreciate any information anyone can provide on helping me get a better idea of my situation. Thanks

Avman35

  • From: Humboldt County
  • Registered: 2007-09-24
  • Posts: 753

Re: Arrested with concentrated cannabis, need help please

here is one of seraph's (RIP) posts from 2008 that gives the link.


"I'm always totally amazed that no one posts this when the issue of legality of HASH comes up!!!

Back in Oct. 21, 2003 Attorney General BILL LOCKYER PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY "No. 03-411"

Its a 7 page legal doc. on how HASH is included with in the meaning of p215.  Here read the very simple conclusion.

CONCLUSION
Concentrated cannabis or hashish is included within the meaning of “marijuana” as that term is used in the Compassionate Use Act of 1996.

Here's a link to the whole item on the AG's web site:

http://ag.ca.gov/opinions/pdfs/03-411.pdf

Call an attorney or what ever - but make sure they know about this document.  I keep running into people who don't know about it AFTER they get through with the courts and ask, "How come no one knows about this?"

Again its some where here on the ASA site - but the link I gave you is right off the CAL AG web site.  Its the law, Hash is legal under p215, don't do time, don't give up your rights.  It's legal ask your attorney after they read this!

... and again I can't believe, with so many people hassled about Hash, and keif, that this document isn't more well known!"

  • Registered: 2007-09-11
  • Posts: 461

Re: Arrested with concentrated cannabis, need help please

The law in question applies only to MANUFACTURING cases. Not possession. Remember the officers aren't judges and most aren't up to speed on the lwas involved.

Either a lawyer or PD should get copies of the State AG's opinion on hash*, a copy of vs Bergan and a copy of H&S 11379.6(a).


*http://www.safeaccessnow.org/downloads/AG_Opinion_Concentrated_Cannabis.pdf

PS Thanks LindaAnne, You posted while I was composing smile

Last edited by Living Green (2010-03-10 21:45:28)

  • From: Humboldt County
  • Registered: 2007-09-24
  • Posts: 753

Re: Arrested with concentrated cannabis, need help please

I just happened to be sending the info to someone else, so it was good timing.

  • Registered: 2008-02-12
  • Posts: 743

Re: Arrested with concentrated cannabis, need help please

LindaAnne wrote:

I just happened to be sending the info to someone else, so it was good timing.

can always rely on LindaAnne and L.G. smile

L.G., I think the difference between manufacturing and possessing butane process hash is lost on the
legal/criminal system...  is this not yet another swiss cheese hole? 

'course, if stuff was regulated and properly tested, you'd know exactly what you were buying sad

But I fall back to what Dr. Jay and Seraph educated me on...  no butane for me!

the pollen is way high and the santa ana winds have been doing there thing.....  oy! sad

stay well friends!

  • Registered: 2007-09-11
  • Posts: 461

Re: Arrested with concentrated cannabis, need help please

I always figured since "they" wrote the black and white, might as well hold them accountable.

A fellow member of the collective I belong to was cited for possession of concentrated cannabis, 5.8gms of a "viscous black liquid" , as a felony charge. Charges were dropped once the judge got copies of 03-411, vs Bergan and H&S 11379.6(a). The last one is quite important as it is the basis for vs Bergan. He hasn't got the meds back yet.

The hash debate revolves around H&S 11379.6(a). It only applies to manufacturing of "chemical synthensized drugs". Actually it's part of a SSP of the H&S codes pertaining to methamphetamine manufacture penalties. Of course no one ever thought the police and courts would use / pervert a meth MFG law to arrest cannabis patients!!!!! sad

Here is a quick copy to read:
11379.6.  (a) 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 in the state prison for three,
five, or seven years and by a fine not exceeding fifty thousand
dollars ($50,000).
   (b) Except when an enhancement pursuant to Section 11379.7 is pled
and proved, the fact that a person under 16 years of age resided in
a structure in which a violation of this section involving
methamphetamine occurred shall be considered a factor in aggravation
by the sentencing court.
   (c) Except as otherwise provided by law, every person who offers
to perform an act which is punishable under subdivision (a) shall be
punished by imprisonment in the state prison for three, four, or five
years.
   (d)  All fines collected pursuant to subdivision (a) shall be
transferred to the State Treasury for deposit in the Clandestine Drug
Lab Clean-up Account, as established by Section 5 of Chapter 1295 of
the Statutes of 1987.  The transmission to the State Treasury shall
be carried out in the same manner as fines collected for the state by
the county.

--- Even worse 11379.8 holds greater penalties based on volume. But they all are essentially anti-meth laws used to maliciously prosecute medical cannabis patients.