What is Butane Hash Oil or Cannabis Concentrate?
- Butane Hash Oil (BHO) is an extremely potent THC concentrated mass. It usually takes on an amber-like color.
- THC (Tetrahydrocannabinol) is the psychoactive ingredient in marijuana. BHO is a “concentrated” version of this.
- BHO can contain THC level of up to 80%.
- It is called “Butane” hash oil because Butane is the main solvent used to extract THC directly from Cannabis.
- During Production, flammable solvents like Butane often vaporize quickly, leading to various health issues, as well as explosion and fire incidents.
- Common names for BHO include:
- Little conclusive research has been conducted on Hash Oil, but the effects are said to be similar to that of Marijuana but amplified.
What does the Law say about Butane Hash Oil?
Every person who…
- Manufactures any controlled substance directly or indirectly by chemical extraction.
- Compounds any controlled substance directly or indirectly by chemical extraction.
- Converts any controlled substance directly or indirectly by chemical extraction.
- Produces any controlled substance directly or indirectly by chemical extraction.
- Derives any controlled substance directly or indirectly by chemical extraction.
- Processes any controlled substance directly or indirectly by chemical extraction.
- Prepares any controlled substance directly or indirectly by chemical extraction.
… Shall be punished by imprisonment or fine. (CA H&S § 11379.6)
Is Butane Hash Oil a Controlled Substance?
- According to CA H&S §11054 (D) (20), THC itself or synthetic equivalents of the substances contained in the cannabis plant are Schedule 1 controlled substances.
- Additionally, the manufacturing of extracted concentrated cannabis using a dangerous solvent within 300 feet of an occupied residence or structure where another person was present at the time of the offense may lead to a higher sentence. (CA H&S §11279.6 (d)
- Butane is considered a dangerous solvent.
Elements of the Crime
The prosecution must prove that…
- You manufactured the substance
- You manufactured the substance using chemical extraction
- You were aware that the substance was controlled and/ or that the method you produced it was dangerous or volatile (using butane).
What Are the Penalties?
- Imprisonment of 3, 5, or 7 years
- And a fine not exceeding $50,000
- Depending on facts of the offense and criminal background.
- Marijuana law is complicated and often conflicts with Federal law. This is why it is imperative that you hire an attorney well versed in the nuances of relevant propositions and case laws.
Important Case Law
- In People V. Bergen, Niall Patrick Bergen was charged producing concentrated cannabis by using butane.
- Bergen argued that he should have been charged under CA H&S 11358 relating to the mere processing of resin from Marijuana, instead of being charged with chemically extracting a controlled substance under CA H&S 11379.6.
- 11379.6 usually carries a heavier punishment than 11358.
- However, because Bergen was using Butane to extract the THC as opposed to safer methods, he was charged with chemically extracting a controlled substance.
- Production of limited quantities of Concentrated Cannabis using safe, non-explosive solvents is often treated more leniently under the law.
- Some jurisdictions in California allow this activity.
Finding a BHO Defense Attorney in Los Angeles, CA
William S. Kroger is a smart, knowledgeable and experienced criminal defense attorney. He represents clients who have been charged with drug crimes, including manufacturing Butane Hash Oil, possession of illegal drugs, money laundering, the sales of drugs and most other criminal cases.
William S. Kroger and his team of experienced criminal defense attorneys understand that if you are facing a criminal charge related to any drug crime, it can deeply disrupt your life. William S. Kroger is committed to your defense. His proven track record of exceptional criminal defense is your best option. Contact William S. Kroger Attorney at Law today at (323) 655-5700 to discuss your case. The sooner you retain legal counsel, the sooner he and his legal team can begin work on your case.