DENVER – Explosions from marijuana butane-hash oil extractions have not plagued La Plata County.
But Republican Attorney General John Suthers worries that safety hazards could proliferate if consumers continue to produce the concentrate at home.
Suthers’ office filed a brief in Mesa County, opining that Amendment 64, passed by voters in 2012 to legalize marijuana, did not authorize extraction of butane hash oil.
“Amendment 64 expressly prohibits an individual from making marijuana oil, and unfortunately, Colorado is experiencing a real public-safety issue as a result of unsafe and unlicensed manufacturing and production,” Suthers said in a statement.
He said that the voter guide presented in 2012 made it clear that the constitutional amendment legalized the use of marijuana but not the individual production of concentrates.
“To decriminalize dangerous and unreasonable behavior in which people are getting hurt and houses are blowing up defies the intent of the voters,” Suthers said.
Concentrates are made through an extraction process that uses a solvent, like butane, to eliminate all plant matter, leaving users with a product that is extremely high in potency.
Examples include oil, shatter and earwax. It is also used to bake into foods.
But the solvents can be highly flammable, which has led to a string of incidents involving home explosions.
Suthers filed the court brief after a Mesa County man was charged for manufacturing hash oil, resulting in an explosion that injured him and damaged his home. The man’s attorney is arguing that hash oil production is legal under Amendment 64, which allows for the processing of marijuana plants.
Suthers’ opinion could assist in directing the outcome of the case, which might set a clear precedent.
Licensed marijuana businesses are permitted to produce hash oil using butane, but they must follow a long list of strict rules and regulations. Those cooking at home, however, are not following the same guidelines in many cases.
Statewide, firefighters reported at least 32 butane-hash oil explosions, nearly three times the number reported in previous years, according to the Rocky Mountain High Intensity Drug Trafficking Area. There have been reports of at least 30 injuries.
La Plata County, however, has been spared many major incidents.
Karola Hanks, fire marshal for the Durango Fire Protection District, said she has heard of only one incident about a year ago. But she believes there are more out there that the district has not heard of.
She pointed out that it is as easy as searching YouTube for videos on how to make butane hash oil.
“I would encourage people not to do it. It is extremely dangerous, and the type of injuries that result have lifetime consequences. I hope that we don’t see it,” Hanks said.
Regulation, however, can be very difficult. Buying large quantities of butane requires a license. And in La Plata County, gas distributors don’t appear to be selling butane to someone without a permit.
But Hanks said producers can easily drive into New Mexico to purchase large quantities and bring it back to Colorado. Hanks also pointed out that cooks can go to a home-improvement store and buy cases of butane camping bottles.
“The problem is going to be that the enforcement is going to have to be on the sale of butane, and that is going to be a challenge,” Hanks said, pointing out that butane is used for a long list of perfectly legal activities.
District Attorney Todd Risberg agreed that La Plata County has not seen a major problem. But he hopes the courts will offer clarity for how his office can proceed when cases arise.
“Local governments also have the authority to regulate the extraction process as Cortez, Telluride and Denver have already done,” Risberg said. “Regardless of the legal outcome, it’s a horrible idea to risk your life, your family and your home with butane extraction.”
Many, even in the marijuana industry, have called for regulations on butane-hash oil extractions. Bill Delaney, owner of Good Earth Meds, a dispensary in Pagosa Springs, said he “hates” the concept of people producing concentrates at home.
“People just get a kick out of it, to be doing something at home,” Delaney said. “But there’s plenty of legal products available for them if they need it. Playing with explosive gases in the home for any purpose is not a good idea.”
Smart Colorado, an organization dedicated to protecting children from marijuana, said it hopes a clear precedent is set that producing butane hash oil at home is illegal.
“With people doing this in neighborhoods, and they don’t necessarily know what they’re doing, and they have explosions, it goes beyond just affecting them,” said Gina Carbone, a spokeswoman for Smart Colorado. “Obviously, it’s a safety issue in the neighborhoods, and with children living in the house or next to the house.”