Colorado Criminal Law – Extraction Of Marijuana Concentrate Crime – 18-18-406.6
By H. Michael Steinberg Colorado Marijuana And Drug Crimes Criminal Defense Lawyer – Attorney
Colorado Criminal Law – Extraction Of Marijuana Concentrate Crime – 18-18-406.6 – Two different Colorado statutes criminalize certain situations involving marijuana concentrate. They are 18-18-406 – which governs the possession of marijuana concentrate and 18-18-406.6 which controls the creation of marijuana concentrate,
There is confusion under Colorado law. It is NOT illegal to create marijuana concentrate – what can be illegal is how much you possess (18-18-406), who you sell it or share it with (18-18-406) and how you create it (18-18-406.6)
This article addresses the methods of creating marijuana concentrate – such as cannabis oil – illegally and the penalties for that crime.
Marijuana Concentrates Are Very Potent – But That Does Not Make Them Illegal
Marijuana concentrates is a powerful form of the primary controlled substance in marijuana – THC (Tetrahydrocannabinol). It may appear as an oil, a kind of honey or butter and is referred to on the street as “honey oil” or “budder.” Marijuana concentrates are often referred to as 710 (the word “OIL” flipped and spelled backwards), wax, ear wax, butane hash oil, butane honey oil (BHO), shatter, dabs (dabbing), black glass, and errl.
Under Colorado Law – 18-18-406.6 Prohibits Certain Methods Of Extraction Of Marijuana Concentrate
While there are several methods utilized to convert marijuana into marijuana concentrates 18-18-406.6 controls the butane extraction process as well as any other process that meets the prohibitions of the law..
Here is the law:
§ 18-18-406.6. Extraction of Marijuana Concentrate
(1) It shall be unlawful for any person who is not licensed pursuant to article 43.3 or 43.4 of title 12, C.R.S., to knowingly manufacture marijuana concentrate using an inherently hazardous substance.
(2) It shall be unlawful for any person who is not licensed pursuant to article 43.3 or 43.4 of title 12, C.R.S., who owns, manages, operates, or otherwise controls the use of any premises to knowingly allow marijuana concentrate to be manufactured on the premises using an inherently hazardous substance.
(3) A person who violates this section commits a level 2 drug felony.
(4) As used in this section, unless the context otherwise requires, “inherently hazardous substance” means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees Celsius or one hundred degrees Fahrenheit, including butane, propane, and diethyl ether and excluding all forms of alcohol and ethanol.
Effective: July 1, 2017
Summary Of The Elements Of The Law – 18-18-406.6
Tip: Always Break Down The Crime Into It’s “Elements”
Manufacture of Marijuana Concentrate Using an Inherently Hazardous Substance
The elements of the crime of manufacture of marijuana concentrate using an inherently hazardous substance are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly,
4. manufactured marijuana concentrate using an inherently hazardous substance, and
5. was not a licensed manufacturer pursuant to the Colorado Medical Marijuana Code or the Colorado Retail Marijuana Code.
[6. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]
What Are The Possible Maximum Penalties For This Crime?
Essentially, if you use butane or another dangerous chemical to make concentrated marijuana you have committed Drug Level 2 Felony – almost the most serious Drug Felony one can committ in Colorado.
The legal consequences for committing the crime of producing marijuana concentrate using a hazardous substance can include:
A sentence of Up to 8 years in prison (16 years if you are a convicted felon on parole), and/or a fine of up to $750,000.
Why IS This Extraction Process Illegal? – In A Word – It Is Dangerous
To understand what is defined by law as an Inherently Hazardous Substance the law provides the definition:
“Inherently hazardous substance” means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees Celsius or one hundred degrees Fahrenheit, including butane, propane, and diethyl ether and excluding all forms of alcohol and ethanol.
This process of producing marijuana concentrate using – for example – butane – is dangerous because of the very real possibility of an explosion. Butane is highly flammable and it is the most common way for lay persons to extract the THC from the cannabis plant.
In this process of using butane to extract marijuana concentrate – the procedure typically involves using shredded or ground up plant material that is stuffed into a glass, or plastic pipe, with a filter on one end. The butane is forced in the open end of the pipe.
As the butane goes through the pipe, the THC within the plant material is extracted. Marijuana concentrate is the separated resin (whether crude or purified) obtained from the marijuana plant.
In 2014, there were more than 30 butane explosions connected to hash production in Colorado.
Quick Note: Colorado Limits On Possession Of Marijuana Concentrate
Marijuana concentrate can contain two to four times as much tetrahydrocannabinol (THC) as other forms of marijuana.
In Colorado adults at least 21 years of age may legally purchase less marijuana concentrate in Colorado than other forms of marijuana.
In Colorado you may possess concentrates as long as you have less than an ounce. Possession of personal amounts carries no penalty. But up to three ounces is a misdemeanor punishable up to six to 18 months imprisonment and a $5,000 fine.
Colorado Cannabis Tours provides this handy graphic – (click once on each page to enlarge).
Colorado Criminal Law – Extraction Of Marijuana Concentrate Crime – 18-18-406.6
If you found any of the information I have provided on this web page article helpful please click my Plus+1 or the Share buttons for Twitter and Facebook below so that others may also find it.
The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.
If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.
Never stop fighting – never stop believing in yourself and your right to due process of law. You will not be alone in court, H. Michael will be at your side every step of the way – advocating for justice and the best possible result in your case. H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at:
A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.
“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”
You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer. We encourage you to “vet” our firm. Over the last 40 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice.
Putting more than 40 years of Colorado criminal defense experience to work for you.
H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Criminal Law – Extraction Of Marijuana Concentrate Crime – 18-18-406.6.
