IF YOU HAVE BEEN CHARGED WITH A HASH OR HASH OIL RELATED CRIME,
PLEASE GO TALK TO LAWYER ASAP!
Here in Colorado we are used to some reasonable and mild marijuana possession laws. However, that does not apply to the marijuana concentrates such as hash, hash oil, or if you have pot Nazi's in your jurisdiction, probably also keif and other concentrates. This education is presented because we don't want our fellow citizens to be branded felons unless they actually are. Felony convictions have all kinds of nasty side effects such as loss of your right to legally bear arms, loosing your right to vote, etc.
(b) Any person who possesses eight ounces or more of marihuana or any amount of marihuana concentrate commits: (emphasis mine)
(I) A class 5 felony; or ***
Over the years, this has been attacked in numerous ways, but appelate courts have always ruled the this is constitutionally valid. A non-exaustive search of case law shows a few rulings that go against us:
Possession of hashish constitutionally treated differently. Because hashish is readily distinguishable from and potentially more intoxicating than marijuana, the general assembly may constitutionally treat possession of those substances differently, subsection (1) and (4)(b)(I), even though hashish falls into the statutory definition of marijuana in § 12-22-303 (17). People v. Velasquez, 666 P.2d 567 (Colo. 1983), appeal dismissed for want of substantial federal question, 465 U.S. 1001, 104 S. Ct. 989, 79 L. Ed.2d 223 (1984).
As is possession of hash oil. Since the active ingredient in hash oil is THC and occurs in greater concentrations in hash oil than in hashish, statute providing for more severe punishment for possession of hashish and hash oil is based upon reasonable classification and does not deny equal protection. People v. Siwierka, 683 P.2d 356 (Colo. 1984).
The distinction between marihuana and marihuana concentrate as set forth in §§ 12-22-303(17) and 12-22-303(18) complies with both the equal protection and due process requirements of the Colorado and United States constitutions. People v. Rickstrew, 712 P.2d 1008 (Colo. 1986).
So don't get bit folks! Swallow that gram of hash before the officer finds it! The individual who originated this post got caught with just over 1/2 gram of hash and is now a felon. This is ridiculuous folks, and the law needs to be changed. Please get active and contact your State representative to get it done!
