Section 11379.6 of the California Health & Safety Code prohibits the manufacture of specified drugs, "by chemical extraction". This includes production of butane hash oil (AKA, "honey oil", or "BHO"). Violation of HS 11379.6 is a felony and is potentially punishable by 7 years in jail and a fine of $50,000. After the court's mandatory "costs" and "assessments" are included, that fine reach about $200,000-300,000. It should go without saying that police and prosecutors treat this law very seriously.
There are a lot of misconceptions around HS 11379.6 and today I wanted to spend some time addressing a few of the big misunderstandings that get folks into trouble. I didn't make up these rules, I'm just a lawyer who knows what the rules are.
The first confusing thing about this code section is it's title - "Manufacture of a Dangerous Drug". HS 11379.6 falls within Article 5 of the California Health & Safety Code. That Article is mostly dedicated to "dangerous" drugs, like PCP and methamphetamine. Rules about marijuana are listed in Article 2 of the code, so any mention of cannabis among the "dangerous" drugs in Article 5 immediately seems out of place. The legislature chose to include concentrated cannabis here because the process of extraction is dangerous, not because the substance itself is particularly harmful. Using solvents and butane without adequate ventilation and safety precautions can cause explosions.
Ironically, California's decision to legalize marijuana in 2016 led to more confusion and a big uptick in arrests under HS 11379.6. Since 2016, adults in California have been allowed to legally cultivate small amounts of cannabis for personal use. They can also buy concentrated cannabis from licensed retailers. They cannot, however, use volatile chemicals (like butane) to produce it without the proper state-issued licenses. Many of my clients are sincerely surprised to learn that using butane to produce hash oil is still illegal.
Some of my clients are also surprised to learn that producing BHO is illegal even if it's only for personal use. The DA does not need to prove that a defendant sold the BHO or intended to sell it -- intent to distribute is not an element of the offense (selling unlicensed BHO is a separate crime). Making a tiny bit of BHO in your apartment for your own personal use is a felony and can land you in jail for up to 7 years. Of course, most small-scale, first-time offenders won't be sentenced to anything close to that. Be advised, though, that any use of butane to produce concentrated cannabis can lead to serious charges, even if it is only done on a small scale for personal consumption. Any felony conviction can have major immigration consequences and will result in the loss of your right to possess firearms for life.
There are many possible defenses to HS 11379.6, including illegal searches, improper police procedures and sloppy lab testing. If you or a loved one has been arrested and charged for manufacturing concentrated cannabis, call our office for a free attorney consultation. (714) 449-3335. Ask for John. We have extensive experience defending against these types of charges and we can help ensure that you are treated fairly throughout the process.
Thanks for reading.
