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Articles Legalities of Hash in CA

Legalities of Hash in CA

By Mark Wunder | October 27, 2013 17:18:53 PM PDT
Medical hash is legal 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.

Comments
 
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CannaConnoisseur | Mar 9, 2011
 
Hash is always a somewhat touchy subject in terms of legalities, but it is most definitely legal to possess if you're prescribed medical marijuana and have the proper documentation to show it.
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HolyKush | Mar 10, 2011
 
I had no idea that state police could still take your medication under federal law. Thanks for putting that in the article. I know that hash has always been touchy with the police. It does not seem right that you can have your meds confiscated.
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Medicator | Mar 10, 2011
 
I agree it seems unfair that you can buy hash and then have it confiscated. Guess it's the usual ambiguity regarding medical marijuana. I was posing the question regarding the legalities of hash last week. This article gives me some clarification. I didn't know that a patient could be held responsible for a dispensaries failure to be legit. It would be prudent to take caution in selecting a medicinal provider.
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Rastamanhae | Mar 10, 2011
 
I am glad to have paid the extra fee for the protection of 420 Evaluations. The Hash thing is less main stream so cops may be more likely to start trouble over it, just keep it in your trunk wrapped up to avoid any proble of the "Plain View Rule". If they see anything in the immediate area of your reach or in the cab, they can get probable cause to search your entire vehicle. Keep your car immaculate when traveling with medicine.
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| Mar 11, 2011
 
I just keep hash at my house so i do not have to deal with this issue. But if i go on a road trip or something similar i tend to take a lot with me. I love hash it is a good icing for the cake.
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Guest | Mar 12, 2011
 
I didnt know that they could take your medication because of the federal law. I will certainly be keeping mines at home in that case. Thanks for the info!
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lindzzz | Mar 14, 2011
 
That is great, you cannot make it but you can sell, buy and use it. I guess the Hash Fairy just comes to the dispensaries and drops it off pre-weighed... I read about a man named Jim Spray two years ago from Huntington Beach. His house was raided by police and he had around 4 or 5 ounces of medicine, a full grow system, a few plants and a few grams of hash taken from him. He was arrested and then let go. After being in and out of court for a year and a half, the court finally decided in his favor and issued a mandate that the police department had to give his property back because he was a medical patient and he was within the legal limits. The police had damaged all of his growing equipment, and they did not store his marijuana properly. Jim said it was so dry it was useless. The last I heard about it he was suing the police department for the value of the equipment. Sometimes it is not safe even at home, so it's always best to be cautious and have most of your stuff hidden out of plain sight.
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Chief | Mar 24, 2011
 
I can see why there is some confusion over the legality of this because it's an extract of a substance that is already controversial. Sometimes the cops can get a lot of heat from people for being very strict and even abusive of the law but when it comes to MMJ, from personal experience I know that they can actually be very lenient and will not even hassle you over documentation.
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Chief | Mar 24, 2011
 
I can see why there is some confusion over the legality of this because it's an extract of a substance that is already controversial. Sometimes the cops can get a lot of heat from people for being very strict and even abusive of the law but when it comes to MMJ, from personal experience I know that they can actually be very lenient and will not even hassle you over documentation.
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Guest | Mar 25, 2011
 
FUCK THE POLICE
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Guest | Mar 25, 2011
 
FUCK THE POLICE
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smokestack | Apr 7, 2011
 
I love using hash and concentrates so this is disturbing. I can see why the production of concentrates can be dangerous, but not water hash.
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Herb Lady | Apr 26, 2011
 
Once again a very silly legal issue regarding hash as an illegal substance. It's not heroine. It's not crack. Time to resolve this bullshit once and for all.
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Guest | Jan 26, 2012
 
Bully to this MF: Guest | Mar 25, 2011 FUCK THE POLICE
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Guest | Feb 6, 2012
 
Hey if you have a medical card, can you take your weed and make it into hash oil or is that illegal? I know in Canada that if you have a perscription for medical marijuana that they can smoke it but not turn it into has oil, which actually cures a lot of cancers.
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Guest | Feb 6, 2012
 
Hey if you have a medical card, can you take your weed and make it into hash oil or is that illegal? I know in Canada that if you have a perscription for medical marijuana that they can smoke it but not turn it into has oil, which actually cures a lot of cancers.
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Guest | Mar 25, 2012
 
hey hows it going so i just got busted with less then .5 gram of hash in ventura county i do have my card and allready went to court were they dropped my lil cuzs charges witch were the same as mine but the da is going after me cuz they said i was the driver?? i was not smoking or high when i got pulled over and i was not read my rights and the cop didnt call in my rec should i hire a lawyer or just go with a puplic defender????
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Guest | Mar 26, 2012
 
i really would like to see some type of proof from the person who says hash cures cancer the only thing i have heard of that can be helped by the meds is when a person will not eat me i am a child of the 60;s people shoulg admit getting stoned helps them feel better as a cover up when you are stoned you forget your pain and your problams
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Guest | May 2, 2012
 
Lots of cops are not informed. I just read this story Calistoga Police Officer Doesn't Know State Marijuana Laws
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Guest | Jun 25, 2012
 
i was caugt with hash with a medical card and taken to jail, had to post 20,000 dollars bail, spent 5,000 on a attorney and was told to take pc 1000 or face the maxium of 3 years in state jail for 60 dollars worth of hash.
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Guest | Jun 26, 2012
 
thats fucked up man because water base hash has no chemical or even better what about dry ice hash >???? cops need 2 study a little better
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Guest | Jun 26, 2012
 
bottom of the line if you have a medical card you are straight if you dont have one get 1 or else the cops can fuck with u twice as much hash aint illegal if you getting it in the shops in orange county or down town los angeles state of california only takes it as a felony if YOU ARE MAKING HASH WITH ALCOHOL OR BUTANE !!!!THERE IS NOTHING WRONG WITH THE HASH WATER BASED PRODUCTS !!!!!!4 ALL WHO ARE UNCLEAR I KNOW MY SHIT IF YOU GOT UR CARD DONT WORRY ABOUT ANYTHING BUT SHOWING THE DICK HEAD COPS UR PAPER WORK AND TELLING THEM TO FUCK OFF
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Guest | Jul 7, 2012
 
^^^^ To this guy above me or anyone else who know their shit LOL^^^^^ Dude.. Seriously?? cos I really DO NOT want to get busted for making hash to smoke using only ice water!!!!! YES I Want to carry it with me.. DUH!! Yes I wanna share it!! I live in Cali up North and have a 215 card. IF: you have a card and can legally possess, maintain, grow & smoke in Cali with this said card... then why cant I have pure bubble hash made with plain natural ICE WATER?? If not, this is just DUMB & doesn't make sense. Yes I understand why the other forms of hash would be illegal due to the added solvents in making it. But BUBBLE HASH???!!! Come on...
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Guest | Jul 9, 2012
 
You are all wrong. If you have a license and buy hash at a dispensary you can STILL BE PROSECUTED. It is against the law to have it even with a license. we are fighting this in court right now and it was at first a felony and dropped to misdemeanor. Still have to fight it all the way to trial and the DA must just prove that you posessed it for you to be guilty of "possession of concentrated cannabis". There is not one case so far that has been dismissed after fought. They have all gotten DOJ or jail.
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Guest | Jul 14, 2012
 
CPA in Santa Ana sells a lot of BOH... they should get busted soon... Chubbs is all about the $$$$. Place sucks balls... they treat their customers like cattle.
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Guest | Jul 14, 2012
 
BHO rather :)
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Guest | Oct 18, 2012
 
Can anyone help with this.....my son was arrested for growing and having hash (making it) he has a card but the cops took him anyway. they raided the persons house he rents a room from. They were both arrested. My sons bail is $270,000. Today is court @ 1:30. Can anyone refer me to a lawyer or give my advice ? Do you think he will get released today, first offense,23 old and has a great job.
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Guest | Mar 23, 2013
 
Me and My girl just went threw this..Got pulled over in Trinity County..We were known Growers ..We were moving out of town.On the way down the hill we got pulled over they found 2 lbs of water hash..It was 3 felony's each..It was 5 grand to get bailed out. And 10 grand for Attorney..After 7 court dates. The DA had to drop all charges and return our medical hash.. WE STILL DONT HAVE IT...Just got the ruling last week..IT WAS A NIGHTMARE... But we plan on suing, them for all COST that were involved..It was just PLAIN harassment.. Get a good attorney ...
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Guest | Jun 1, 2013
 
My daughter's boyfriend was charged with cultivating M.J. in 3 bedrooms of his apartment,plus making hashish oil and on his coffee table was a small packet of heroin his little brother had. If this wasn't enough,they found unlincensed guns . This was in Livermore,Ca. What kind of time is he going to do? The Marijuana store he was cultivating for did not have their permits in order. Is he S.O.L. ?
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Guest | Sep 27, 2013
 
boo hoo! whining drug addicts...
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Guest | Oct 27, 2013
 
Can a mobile dispensary delivery driver be arrested for transporting hash or wax? Also whats the maximum amount of weed that can be transported by a delivery person?