To manufacture hash oil from a cannabis plant, a chemical process must take place to extract the hash oil. Typically, this extraction process is done through water or butane. The hash oil – also known as resin or honey oil – is more potent and may be more desirable for some marijuana smokers.
The manufacturing of hash oil through butane extraction or BHO has gained in popularity. Law enforcement, however, has also become more vigilant in their criminal investigations because of the danger that may result from an improper BHO extraction – including fires and explosions.
One real issue for a HS 11379.6 allegation is the potential exposure. That is, the sentencing range for a conviction is three, five, or seven years in prison and a fine of up to $50,000.
If someone is charged with HS 11379.6, the district attorney must prove the following:
- The defendant (manufactured/compounded/converted/ produced/derived/processed/prepared) a controlled substance, specifically using chemical extraction or independent chemical synthesis; and
- The defendant knew of the substance's nature or character as a controlled substance.
In other words, the district attorney must prove the defendant (1) engaged in the synthesis, processing, or preparation of a chemical that is not itself a controlled substance; and (2) The defendant knew that the chemical was going to be used in the manufacture of a controlled substance.
It is important to remember that the district attorney does not need to prove that the defendant completed the process of manufacturing or producing a controlled substance. Instead, the district attorney must prove that the defendant knowingly participated in the beginning or intermediate steps to process or make a controlled substance.
If you have been charged with HS 11379.6, contact my office today. There are many defenses that we can discuss that may be applicable to your case, including search and seizure issues, preparatory acts, lack of knowledge, etc. I will provide a free, confidential consultation.