Punishment for BHO Labs Could Soon Be Aggravated Felony

California’s Senate approved a bill to increase the punishment for BHO labs in the state this week, further showing the growing sentiment against the manufacturing of Butane Hash Oil (AKA: BHO, Dabs, Wax, Shatter, etc.).

The current punishment for BHO labs is already a felony.  But the pending legislation could allow judges to increase the severity of the sentence for the charge where the activity is conducted in a residential area.  Senate Bill 212 passed unanimously by a bipartisan vote and will now move forward for consideration by the State Assembly.

Supporters of the bill share the same sentiment of law enforcement since there has been an upsurge in police activity concerning BHO manufacturing explosions.  Some have caused major injuries to people and that has caused residents to be concerned–voicing their frustrations with their local representatives.

What will happen at the State Legislature level remains to be seen.  But the current environment toward manufacturing dabs does not appear to support those who favor right to access advocates and patients who have difficultly in obtaining concentrated cannabis for there medical needs.   This division may cause ripple effects for the always changing cannabis industry that continues to struggle with finding legitimacy amidst complicated and sometimes contradictory laws that regulate it.

By increasing the punishment for BHO labs there may be a larger dividing line between the public’s perceptions towards medicinal cannabis and concentrated or modified forms of cannabis.  The actual percentage difference between those who support medicinal cannabis use versus the concentrated forms has yet to be determined and may further predict where the final line is drawn on the matter legalization.  Given the law of manufacturing hash oil is an overarching penal code that encompases methamphetamine labs, it may be one factor that could contribute to the ambiguity of what some identify as “clandestine labs”.

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About the Author: Bart Kaspero

Bart Kaspero is an experienced criminal defense and regulatory attorney who has focused on using technology and the law in bringing privacy to criminal records. His unique background has allowed him to help a broad spectrum of clients and cases involving cryptocurrency, import/export violations, cannabis/CBD licensing, consumer protection, and emerging market businesses.

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