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Plainsman1963

Trio accepts deal in pot 'honey oil' case
09-20-06 | MercuryNews.Com | Bruce Gerstman

SAN RAMON - Three men who were making a cannabis product for medical marijuana patients have pleaded no contest to felony charges in the county's first pot case involving a manufacturing charge

Prosecutors have reserved such charges for methamphetamine and rock cocaine cases.

Superior Court Judge William Kolin on Tuesday imposed a three-year suspended state prison sentence on William Stoeckel, 20, Ashley Stoeckel, 24, and 24-year-old Eric Hughes, prosecutor Dana Filkowski said Tuesday.

As part of a plea agreement, the trio will serve six months in County Jail. If they violate their five-year probation, a judge could send them to prison, Filkowski said.

The trio were making "honey oil" - a concentrated form of cannabis - by adding butane to marijuana in February in the garage of the San Ramon home when an explosion caused a fire.

The District Attorney's Office dismissed charges of possessing marijuana for sale, conspiracy and poisoning, Filkowski said. The office will dismiss the cultivation charges in five years if the defendants successfully serve their probations.

The plea agreement forbids any of the men from using butane, even common cigarette lighters, she said. They cannot care for patients using medical marijuana or participate in cannabis clubs.

 

reggie_the_dog

as part of their punishment they have to use matches or a zippo lighter, how will they smoke bowls?


If they have medical use cards themselves they will still be able to argue in state court that they are just using medicine.

reggie_the_dog

one thing I can see going after these folks for is having a lab where explosive chemicals are used in a residential area. Did the explosion and fire spread to a neighbors property? or blow out neighbors windows?

dredpiratrobert

Reggie- it's not weather there actually was damage to the neighbors' place, it's manufacturing with volitile chems in residential area w/out permits. They could have damaged other's property and put the safety of others in jepoardy. Obviously they didn't think it through well enough or the fire would not have occured. Butane is highly volatile.

I dont agree with the sentence either... it ignores the issue and focuses on the pot which is legal in the state for medical use. The real issue is the non-licensed manufacture with hazardous materials within a residential area. Any business that uses a hazardous material as part of the manufacturing process has to be licensed, OSHA inspected, and keep appropriate safety tools (extinguishers, fire-blankets, Burn kits etc...) on hand at all times. Also, the flamable chemicals have to be stored in a bright-yellow cabinet or box that is clearly marked "flammable" and has a clearance of 6 feet on all sides.
How are a couple of pot-heads in an appartment going to comply with all that? Answer: they didn't!

But the sentence is written against their use of pot- which is not particularly illegal in Ca.! And seems to overlook the industrial violations... Hmmm.... I just dont like it

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ADIDAS

Very good point, you are exactly correct. I dont know if distribution is brought up in the case, but that may be the reason they were charge in relation to marijuana. Since it was for patients, then I assume that it was the case. Distribution is illegal, plain and simple. If no distribution charge was made, then it is completely ludicris to ban them from smoking their legal herbs.

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walstmonky

umm wrong, you need to read SB420. The law specifically exempts distribution, possesion w/intent, felony possession, cultivation, and producing derivitives.