18-18-406.6

Extraction of Marijuana Concentrate – Definitions

It is illegal to knowingly produce marijuana concentrate using an intrinsically dangerous chemicalon property that you own, manage, operate, or otherwise have control over, as well as to permit the production of marijuana concentrate using an intrinsically dangerous substance. This is specifically stated in CRS 18-18-406.6.

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Penalties for Extraction of Marijuana Concentrate

Charge	Classification	Penalty
Extraction of marijuana concentrate	Level 2 drug felony	16 years in jail if you are a convicted criminal on parole, or up to 8 years in prison Up to a $750,000 fine.
(Colo. Rev. Stat. CRS 18-18-406.6.)

Possible Defenses for Extraction of Marijuana Concentrate

Depending on the particulars of your case, you may be able to successfully refute the allegation that you manufactured marijuana concentrate using a dangerous substance.

Some possible defenses include:

You were unaware that anybody was producing marijuana concentrate on your property
You have a legal permit to cultivate marijuana concentrate, according to:

- Article 43.3 of title 12, C.R.S. (related to medicinal marijuana) or
- Article 43.4 of title 12, C.R.S. (Colorado’s retail marijuana code)

To create the marijuana concentrate, you didn’t employ a substance that was intrinsically dangerous

Colorado Revised Statutes, 18-18-406.6:

(1) It shall be unlawful for any person who is not licensed pursuant to article 43.3 or 43.4 of title 12, C.R.S., to knowingly manufacture marijuana concentrate using an inherently hazardous substance.

(2) It shall be unlawful for any person who is not licensed pursuant to article 43.3 or 43.4 of title 12, C.R.S., who owns, manages, operates, or otherwise controls the use of any premises to knowingly allow marijuana concentrate to be manufactured on the premises using an inherently hazardous substance.

(3) A person who violates this section commits a level 2 drug felony.

(4) As used in this section, unless the context otherwise requires, “inherently hazardous substance” means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees celsius or one hundred degrees fahrenheit, including butane, propane, and diethyl ether and excluding all forms of alcohol and ethanol.

Have You Been Charged or Arrested for Extraction of Marijuana Concentrate in Colorado Springs or El Paso County?

This charge carries a jail sentence and hefty fines. If you’re facing a conviction for extraction of marijuana concentrate, it’s important to understand that you have rights. A conviction of this nature could jeopardize your future. There may be several legal defenses available in your case. To effectively defend yourself against this charge, you must understand the applicable laws and how they apply to your case.

Frequently Asked Questions

What is marijuana concentrate?

Marijuana concentrate is marijuana that has undergone chemical or other processing to become very strong.

What is an “inherently hazardous substance”?

An “inherently hazardous substance” means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than 38 degrees Celsius or 100 degrees Fahrenheit, including butane, propane, and diethyl ether and excluding all forms of alcohol and ethanol.

What if I am simply allowing someone to do extractions of marijuana concentrate on my property?

Any person who owns, manages, operates, or otherwise controls the use of any premises and who is not licensed per articles 43.3 or 43.4 of title 12, C.R.S. is forbidden from knowingly permitting the production of marijuana concentrate using an inherently dangerous substance on their property.