Hash Is Still Technically Illegal To Make

[t0rpid]

Attention caregivers and growers:

While not talked about much, there is a Michigan law ( http://legislature.m...aspx?mcl-750-18 ) that could be easily applied to those who make hash out of marijuana.

Using extraction methods like water or isopropyl alcohol to get the THC out to make hash could fall under this law. The penalties are even stiffer if the person you sell the hash to results in any "impairment".

 

I'd love to hear the input from any lawyers reading this.

 

750.18 Prohibiting mixing drugs or medicine; injuriously affecting quality; violations; penalties; “serious impairment of body function” defined; other violations committed.

 

Sec. 18.

 

(1) Except for the purpose of compounding in the necessary preparation of medicine, a person shall not knowingly or recklessly mix, color, stain, or powder, or order or permit another person to mix, color, stain, or powder, a drug or medicine with an ingredient or material so as to injuriously affect the quality or potency of the drug or medicine.

 

(2) A person shall not sell, offer for sale, possess for sale, cause to be sold, or manufacture for sale a drug or medicine mixed, colored, stained, or powdered in the manner proscribed in subsection (1).

 

(3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

 

(4) A person who violates subsection (1) or (2), which violation results in personal injury, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.

 

(5) A person who violates subsection (1) or (2), which violation results in serious impairment of a body function, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

 

(6) A person who violates subsection (1) or (2), which violation results in death, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.

 

(7) A person who violates subsection (1) or (2) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals, which violation results in death, is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.

 

(8) As used in this section, “serious impairment of a body function” means that phrase as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

 

(9) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

[Irishgreen]

Not a Lawyer........But, I don't think this would apply.

 

Hash making is not, mixing, staining, coloring, or powdering (could POSSIBLY argue the powder, but it would be a stretch).

 

BUT~~ again.....NOT a lawyer.

[MI Compassion]

Attention caregivers and growers:

While not talked about much, there is a Michigan law ( http://legislature.m...aspx?mcl-750-18 ) that could be easily applied to those who make hash out of marijuana.

Using extraction methods like water or isopropyl alcohol to get the THC out to make hash could fall under this law. The penalties are even stiffer if the person you sell the hash to results in any "impairment".

 

I'd love to hear the input from any lawyers reading this.

 

750.18 Prohibiting mixing drugs or medicine; injuriously affecting quality; violations; penalties; “serious impairment of body function” defined; other violations committed.

 

Sec. 18.

 

(1) Except for the purpose of compounding in the necessary preparation of medicine, a person shall not knowingly or recklessly mix, color, stain, or powder, or order or permit another person to mix, color, stain, or powder, a drug or medicine with an ingredient or material so as to injuriously affect the quality or potency of the drug or medicine.

 

(2) A person shall not sell, offer for sale, possess for sale, cause to be sold, or manufacture for sale a drug or medicine mixed, colored, stained, or powdered in the manner proscribed in subsection (1).

 

(3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

 

(4) A person who violates subsection (1) or (2), which violation results in personal injury, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.

 

(5) A person who violates subsection (1) or (2), which violation results in serious impairment of a body function, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

 

(6) A person who violates subsection (1) or (2), which violation results in death, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.

 

(7) A person who violates subsection (1) or (2) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals, which violation results in death, is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.

 

(8) As used in this section, “serious impairment of a body function” means that phrase as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

 

(9) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

 

 

I am sorry but I would have to disagree. Reread this statement:

 

Sec. 18.

 

(1) Except for the purpose of compounding in the necessary preparation of medicine, a person shall not knowingly or recklessly mix, color, stain, or powder, or order or permit another person to mix, color, stain, or powder, a drug or medicine with an ingredient or material so as to injuriously affect the quality or potency of the drug or medicine.

 

in·ju·ri·ous (n-jr-s)

adj.

1. Causing or tending to cause injury; harmful: eating habits that are injurious to one's health.

2. Slanderous; libelous: made injurious statements about his rival.

 

http://www.thefreedictionary.com/Injurious

 

The law is written in such a way to protect the patient from people lacing it with other more harmful substances to try to increase the potency, not to limit patients or caregivers. At least that's my take, but I am not a lawyer.

[Mr. Wolf]

“Except for the purpose of compounding in the necessary preparation of medicine”

 

Technically it is NOT.

 

In the production of Hash it is necessary to compound water and Cannabis or alcohol and Cannabis to make the medicine.

[t0rpid]

I am sorry but I would have to disagree. Reread this statement:

 

in·ju·ri·ous (n-jr-s)

adj.

1. Causing or tending to cause injury; harmful: eating habits that are injurious to one's health.

2. Slanderous; libelous: made injurious statements about his rival.

 

http://www.thefreedi...y.com/Injurious

 

The law is written in such a way to protect the patient from people lacing it with other more harmful substances to try to increase the potency, not to limit patients or caregivers. At least that's my take, but I am not a lawyer.

 

Yes, but "injury" could be applied to, say, if a person starts hallucinating (high levels of THC can do this to some people). A judge would probably have to decide if it's injurious or not, in which case, the books are stacked against the defendant as most judges are anti-pot to begin with.

[lawyercaregiver]

OK now this is something I know about having published a paper (about 18 years ago) on the pharmacy compounding guidelines and yes, I am a lawyer.

 

First, I am fairly certain that Marijuana is NOT considered a "medicine" under the MMM and certainly not under the federal controlled substances act. We need to look that one up. If it is not then this does not apply.

 

Second, the key term is 'injuriously affect' as was mentioned. Making bubble hash does NOT injuriously affect the drug. It makes it better

 

Third, I am not sure that making hash is compounding since it is not "mixing drugs" together but titrating the existing drug. Hell, cleaning your bud of the candy leaves could be a form of compounding under this reasoning!

 

Fourth, IMHO patients are protected under the applicable portions of the MMM. A court will have to rule on this someday I am sure but a prosecution attacks the law itself and methinks a court will demand more specific legislation. This is WAY beyond what was anticipated by the law!

 

Great thinking to the original poster but prosecutors are not usually this creative.

 

Note: I am purely speculating here. One can almost never predict what a court is likely to do and yes, they COULD apply this law someday. Try to figure out the Commerce Clause if you want an education on how far courts can go beyond the original intent of the law.

[t0rpid]

OK now this is something I know about having published a paper (about 18 years ago) on the pharmacy compounding guidelines and yes, I am a lawyer.

 

First, I am fairly certain that Marijuana is NOT considered a "medicine" under the MMM and certainly not under the federal controlled substances act. We need to look that one up. If it is not then this does not apply.

 

Second, the key term is 'injuriously affect' as was mentioned. Making bubble hash does NOT injuriously affect the drug. It makes it better

 

Third, I am not sure that making hash is compounding since it is not "mixing drugs" together but titrating the existing drug. Hell, cleaning your bud of the candy leaves could be a form of compounding under this reasoning!

 

Fourth, IMHO patients are protected under the applicable portions of the MMM. A court will have to rule on this someday I am sure but a prosecution attacks the law itself and methinks a court will demand more specific legislation. This is WAY beyond what was anticipated by the law!

 

Great thinking to the original poster but prosecutors are not usually this creative.

 

Note: I am purely speculating here. One can almost never predict what a court is likely to do and yes, they COULD apply this law someday. Try to figure out the Commerce Clause if you want an education on how far courts can go beyond the original intent of the law.

 

My worry is if Marijuana is ever reclassified as a schedule II drug it could then be classified as a medicine.

I always try to encourage MMJ users and growers to err on the side of caution, as everyone wants clarity in the law but no one wants to become a test case in court.

I live in a very conservative area in Michigan and am never surprised at what lengths local prosecutors will go to convict someone, or what lengths the police will do to find a way to get a warrant and confiscate everything in sight, only to leave prosecutors a reason to go sifting through the laws to find something to nail someone on.

Thanks for your input.

[peanutbutter]

OK now this is something I know about having published a paper (about 18 years ago) on the pharmacy compounding guidelines and yes, I am a lawyer.

 

First, I am fairly certain that Marijuana is NOT considered a "medicine" under the MMM and certainly not under the federal controlled substances act. We need to look that one up. If it is not then this does not apply.

 

Second, the key term is 'injuriously affect' as was mentioned. Making bubble hash does NOT injuriously affect the drug. It makes it better

 

Third, I am not sure that making hash is compounding since it is not "mixing drugs" together but titrating the existing drug. Hell, cleaning your bud of the candy leaves could be a form of compounding under this reasoning!

 

Fourth, IMHO patients are protected under the applicable portions of the MMM. A court will have to rule on this someday I am sure but a prosecution attacks the law itself and methinks a court will demand more specific legislation. This is WAY beyond what was anticipated by the law!

 

Great thinking to the original poster but prosecutors are not usually this creative.

 

Note: I am purely speculating here. One can almost never predict what a court is likely to do and yes, they COULD apply this law someday. Try to figure out the Commerce Clause if you want an education on how far courts can go beyond the original intent of the law.

 

You over looked something important.

 

333.26423 Definitions. (j) "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

 

If I take one pound of bud and make two ounces of oil from it, I have 2 ounces of "preparation" of the dried flowers.

 

2 oz of usable marijuana.

 

Now then, medical use of usable marijuana includes "manufacture" of usable marijuana.

 

New law trumps old ..

 

BTW I'm glad you've been looking this over.

[lawyercaregiver]

Nice! "Or preparation thereof" seems to cover it!!! :goodjob:

[phaquetoo]

Im not sure that law apply's. when i make hash I use the burlap bag system with ice and a cake blender! No chemicals added! H2o only! and when i do oil with butane, it all evaporates so no butane is in it!

 

I got possession, I had a bunch of lil viles of oil residue, it was almost black in color, po po's called it black tar heroin. lol,,when it came back from the lab pos for thc, the prosecutor dropped my case, because I was a qualifying patient,

 

Free The Weed!

Peace!

Jim