Concentrates

[Ricardo Cabeza]

Maybe I missed it in the law but what is AZ legal position on concentrates and edibles. Are they allowed, what is the total weight allowed in possession, are there restrictions on concentrates like BHO?

 

[GodZsoN]

All illegal even edibles.. anything processed is not allowed expect flowers, but its still in most clubs and everywhere lol.. nothing like a few dabs and some banana bread in the morning.. be safe..
Peace,
GodZsoN

 

[sox]

i like your TJ quote..

 

[Bent]

All illegal even edibles.. anything processed is not allowed expect flowers, but its still in most clubs and everywhere lol.. nothing like a few dabs and some banana bread in the morning.. be safe..
Peace,
GodZsoN

There is debate about the legality of concentrates like BHO, Phoenix Tears, etc.. but why I'm not exactly sure. There is a decades old definition of cannabis as the resin of a marijuana plant, so some law enforcement think they have a gotcha to work with.

This is the old statute
ARS 13-3401. Definitions -

4. "Cannabis" means the following substances under whatever names they may be designated:
(a) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
(b) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.




However, Proposition 203 legalized marijuana for medical use!
ARS 36-2801. Definitions
8. "Marijuana” means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.

15. "Useable Marijuana" means the dried flowers of the marijuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.






Weight limit is 2.5oz. Doesn't matter if it's flowers or a concentrate. If it's an edible, only the weight of active ingredients count.

So, I don't know what the debate is. Seems like our law enforcement doesn't know how to read law, but wtf do I know.

 

[Ricardo Cabeza]

Well put Bent. Was curious as it seemed like making concentrates out of a harvest that exceeded the legal weight limit would allow a patient to keep the product of their grow within legal weight limits. Would also make it cost-efficient for long term management of medicine as 5 g of bubble, kief, or BHO typically would last longer than 5 g of flowers when medicating.

 

[Bent]

I try not to worry about the weight limits, because when you're cultivating you have an easy affirmative defense.

ARS 36-2812
A. Except as provided in section 36-2802, a qualifying patient and a qualifying patient’s designated caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution of an offense involving marijuana intended for a qualifying patient’s medical use, and this defense shall be presumed valid where the evidence shows that:

2. The qualifying patient and the qualifying patient’s designated caregiver, if any, were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition.


Once dispensaries are open, I suppose it changes things a bit. I really hope people are paying attention to what the MPP is doing and this 25 mile shit doesn't start spreading to other states.

 

[Ricardo Cabeza]

Again thanks for the valid answer bent. My underlying problem is I have zero faith in the vast majoritiy of Arizona govt institutions following any laws, unless it is to their advantage. I dont trust LEO or the prosecuters to follow the law except when its convenient to them. Getting caught up in a bullsit arrest based on an inaccurate reading of the law still embroils one in the legal system and it will cost thousands to extract oneself. As an example, I got photoed by a red light camera in a situation where I was stuck in the middle of the intersection as oncoming traffic ran the red light. I called a lawoyer and he simply told me not to waste my time and money fighting it as the Muncipal Court had thrown out all the rules of evidence and I had no chance to win.

Agree with you on the MPP thing. They dont seem to be having the same effect in the Colorado legalization effort, although I believe the Washington effort does not allow cultivation.

 

[oldskool63]

I have also read and interpreted the statutes personally, but does anyone know of any case law to support any of this? or are we again just waiting and seeing...

 

[jaybudding]

Yeah there is the Soccer Mom case everyone is waiting to see what happens with all infused products and all she was doing was ticture glycerin based at that.

 

[jkar_928]

I have been stopped with some bubble hash on me cop checked my card checked my drivers license and reg and ins told me I have a break light out and to fix it and on my way I went cops was way cool no hassle at all just my experience doesn't mean the next cop will let me go.

 

[azmmjadvocates]

There is a reason why the EPA has tagged along in raids, a preparation is with water and ice, hash is ok, edibles are ok and the weight you can have in your possession is to be calculated minus the non active ingredients. So if you have a gram of hash in brownies, it's a gram towards you possession limit. An EXTRACTION (BHO)is a chemistry process that requires hoods and a lab because of safety and environmental issues such as all the apartment buildings, houses and cars going up in flames. Dispensaries in Cali basically lie most of the time and say BHO is made in a lab. One of the guys who started the Cannabis church died this year from making BHO.

IMHO, what is the need when we have high thc meds, unless the cartel is making BHO out of dirt weed. If a patient is making BHO with reggie, same difference it's giving money to the cartel.

 

[azmmjadvocates]

I try not to worry about the weight limits, because when you're cultivating you have an easy affirmative defense.

ARS 36-2812
A. Except as provided in section 36-2802, a qualifying patient and a qualifying patient’s designated caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution of an offense involving marijuana intended for a qualifying patient’s medical use, and this defense shall be presumed valid where the evidence shows that:

2. The qualifying patient and the qualifying patient’s designated caregiver, if any, were collectively in possession of a quantity of marijuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the qualifying patient’s debilitating medical condition.


Once dispensaries are open, I suppose it changes things a bit. I really hope people are paying attention to what the MPP is doing and this 25 mile shit doesn't start spreading to other states.

The 25 mile rule is BS, i'd fight it on the grounds that the Feds have warned the dispensaries in the memos, i don't want to get my meds at a place where the feds may raid while im obtaining my meds. And as you stated with the qualified defense i'd argue WHEN they got raided my continuous supply wold end and I shouldn't have to wait 3 months to get back on track when they go down.

We can put an end to dispensaries ourselves, just pick one in say phoenix and boycot each city dispensarry until they close due to costs and lack of profit. then do the same at the next town eventually nobody would open a dispensary because we would have made our point..

Now Bill Montgomery is another matter.

 

[azmmjadvocates]

I have been stopped with some bubble hash on me cop checked my card checked my drivers license and reg and ins told me I have a break light out and to fix it and on my way I went cops was way cool no hassle at all just my experience doesn't mean the next cop will let me go.

Wow bet you had to be shitting bricks. A guy my sister in law works with got pulled over swinging into the the far lane on a turn, the cop noticed his mmj card in his wallet under his DL. Asked him to search his car, he said ok (id say sorry cant do that and ask if im being detained) the cop found a pipe and some weed he just obtained. he told the office the exact amount in the container and wasn't high. He presented the cop his card, the officer told him he had to have the paperwork from his doctor as well (total BS) he said it was in his apartment and if the officer could follow him.

The officer said put your hands behind your back. You can beat the charge but not the ride. Charges were dropped of course. I carry a recording of Bill Montgomery saying that it's legal for possession with the card. Cops just claim they haven't been trained and under the law they have what is called Qualified immunity that makes it hard to charge them.

If you ever run into a dick cop be sure to file a formal grievance so it won't happen to another patient. There are good cops out there glad he found you lol.

 

[azmmjadvocates]

I have also read and interpreted the statutes personally, but does anyone know of any case law to support any of this? or are we again just waiting and seeing...

Somebody will become the case law, I hope not me. This is what the CA court law is now regarding BHO or has EXTRACTION, see my other post for the difference. I'd imagine AZ will have the same outcome.

Section 11379.6(a) states: "Except as otherwise provided by law, every person who compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance - shall be punished by imprisonment in the state prison for three, five, or seven years and by a fine up to $50,000"

I cant find the case but the Supreme court ruled on another case regarding Bubble has and found it to be ok. Again think of the safety, the butane pools hiding in corners waiting for someone to light a cigarette and BOOM.. it 's stupid asses that will ruin all this for us. Hard to argue that it's ok for the environment too, sooner or later just watch some baby will be sleeping an a corner and dead. We will all look good then

The part of the law that states "as otherwise provided by law" refers to labs creating it, hence the lie.

 

[azmmjadvocates]

Another thing to consider is how is the street BHO made? with PVC that is most common and leaches bad stuff into the supposed MEDS? or stainless steel as done in a lab? I advocate for medicine not death.

 

[azmmjadvocates]

Again thanks for the valid answer bent. My underlying problem is I have zero faith in the vast majoritiy of Arizona govt institutions following any laws, unless it is to their advantage. I dont trust LEO or the prosecuters to follow the law except when its convenient to them. Getting caught up in a bullsit arrest based on an inaccurate reading of the law still embroils one in the legal system and it will cost thousands to extract oneself. As an example, I got photoed by a red light camera in a situation where I was stuck in the middle of the intersection as oncoming traffic ran the red light. I called a lawoyer and he simply told me not to waste my time and money fighting it as the Muncipal Court had thrown out all the rules of evidence and I had no chance to win.

Agree with you on the MPP thing. They dont seem to be having the same effect in the Colorado legalization effort, although I believe the Washington effort does not allow cultivation.

This is precisely the issue with Bill Montgomery, I pointed out to him that his public comments that prop 203 effectively decriminalized possession flies in the face of logic that cultivation by patients has been effectively decriminalized as well.. Simple possession is against federal law too. Now in recent comments such as to the verdie press he's not so sure, well i have him on tape saying that possession is ok. They can't make up their mind.

Here's a link to the article, you guys might want to post comments, i'm sure his office is reading up on the imput. my comments are azmmjadvocates and educate yourself.

 

[Ricardo Cabeza]

Good information all around. My take home from these discussions is basically bubble is probably OK as is pressed kief. BHO or other solvent based preparations may be a no no but its not really clear in AZ. Tinctures, primarily alcolhol based are probably OK as well. Any dissent to this summation?