Legalities of Hash in CA
There is much debate among medical marijuana patients and even some providers as to the exact legalities of hash and other concentrates in California. The intent of the following article is to provide those who are unclear about this medicine, everything they could wish to know. First of all, yes, medical hash is legal under California’s Prop. 215.
As of October 21, 2003, Attorney General Bill Lockyer made it clear that hashish and other concentrated marijuana are protected under Prop. 215, saying that “Concentrated cannabis or hashish is included within the meaning of ‘marijuana’ as that term is used in the Compassionate Use Act of 1996.”
However, this is not to say that you shouldn’t exercise caution when obtaining not only concentrates, but your regular medicine as well. For instance, if an officer pulls you over, he or she may still refuse to comply with state law, due to the fact that it remains federally illegal. They can take your medication, but cannot take you to jail if you have the proper documentation of your eligibility for medical marijuana. You will then have to attend a court date and plead your case if you wish to get your medication back. Basically, it’s best to cautiously make your own or only buy a few grams at a time from the dispensary.
Needless to say, without a prescription for medical marijuana, hash is a felony in California and is best to stay away from, unless extreme caution is practiced.
Some contradiction and confusion lies in the exact legalities of hash oil, honey oil and other types of hash made from solvents such as isopropyl alcohol and butane gas. The production (meaning making) of hash and honey oil is illegal, even under California’s medical laws. This is due to the fact that unless the proper safety steps and utilized, making concentrates oils with solvents can prove somewhat dangerous. However, hash and honey oil is covered under Prop. 215 and SB 420 as a type of hash. This means that dispensaries are able to sell it and you, the patient, are able to buy and possess it, but it remains illegal to make it. I guess it just magically appears huh?
Edibles however, are considered a concentrate, but there is no accurate way to test them, since they can’t be weighed for THC content and lab tests prove highly inaccurate. Therefore, if you are going to get caught with any type of concentrate, it’s better to have edibles. Or better yet, don’t get caught up at all, whether you’re a patient or not.
Before you even think about becoming a medical marijuana patient (if you aren’t already), you should be highly selective about the provider you wish to provide you with you prescription/documentation. Many of the lower-end providers find a lot of legitimate as well as false loopholes in the law and are able to temporarily write prescriptions for medical marijuana, which many dispensaries will honor. The authorities however, can be a totally different story. If a patient has a provider who is operating illegally, both the patient as well as the provider may be prosecuted (whether or not the patient was aware of the legal status of their provider). All you have to do is a little research about quality providers and you can also ask current patients.
Some quality providers to protect you from prosecution of hash possession are MediCann, NorCal Care, 420 Evaluations and more.