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Honey Oil Cases Tests Limits of Medical Pot Law
jro | KCBS.com | 9/17/06

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.

(jro)

Copyright 2006, KCBS. All Rights Reserved.

 

dredpiratrobert

This is a great example of why stoners shouldn't be doing butane extractions themselves. Its sad and stupid. These people almost blew-up a house and could have injured many innocent people and the property of others. I think anyone with some common sense would know that you DO NOT PERFORM A BUTANE EXTRACTION INDOORS EVER.

What a bunch of dumbshits

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