Yes precedent has been set which deems these methods legal under California law. I would refer you to the case:The People v. Bergen the court deemed that resin can be "physically extracted" (e.g. pressure) or by "leaching the resin from the plant material by dissolving it in a non-chemical.
Yes technically C02 and water are chemicals, but because of their use in the food industry they also fall under this non-chemical category.
Yes, by all means do read it:
"Niall Patrick Bergen appeals from the judgment entered following his plea of no
contest to manufacturing concentrated cannabis, known as “hash oil” or “honey oil,” by
using butane to extract the resin containing the psychoactive ingredient
tetrahydrocannabinol (THC) from marijuana plant material. (Health & Saf. Code,
§ 11379.6, subd. (a) (section 11379.6(a)).)1 Bergen contends he should have been
charged under section 11358, which addresses processing resin from marijuana, instead
of section 11379.6(a). We conclude that when, as here, the method used to extract the
marijuana resin was by means of a chemical such as butane, section 11379.6(a) applies
over the more general statute punishing marijuana cultivation, harvesting or processing.
(§ 11358.) Accordingly, we affirm.
The court rejected Bergen’s arguments and held Bergen to answer on charges of producing
concentrated cannabis (§ 11379.6(a)); cultivating marijuana (§ 11358); possession of
marijuana for sale (§ 11359); and theft of services (Pen. Code, § 498, subd. (b)).
http://www.chrisconrad.com/expert.witness/Bergen08CalAppB203793hashOil.pdf
The guy got hosed. Not only was he making hash oil, but growing over 600 plants in a residential area house with stolen electricity.
If you read it it talks about 'scope and intent':
"The Legislature adopted section 11379.6 in 1985 and placed the offense of
manufacturing controlled substances into a separate section. The sole expressed purpose
of the change was “to increase the penalties for those who illegally manufacture
controlled substances.” (Historical and Statutory Notes, 40, pt. 2 West’s Ann. Health &
Saf. Code (2007 ed.) foll. § 11379.6, p. 530, italics added; see also, People v. Coria,
supra, 21 Cal.4th at p. 879.) The Legislature apparently intended to punish more harshly
use of chemicals in the production of controlled substances because of the dangers posed
to the public from the use of hazardous substances, such as fires, fumes or explosions.
An important concept. It says 'the intent of the legislature in drafting the law was to further penalize for the added risk of the processing itself', it would be real easy to show CO2 used this way isn't safe...... That's a very important legal point. If 'they' can show you 'fall withing the scope and intent' of the law you're dead meat.
CO2 also being used in the food industry has no bearing. In fact, that would probably hurt your case I'd think.
My understanding is it's not legal. I think advice to the contrary is dangerous and should not be taken as fact without consent of a competent lawyer.....if even then. Tetra labs very carefully avoids this issue by starting with extracts made by someone else and purifying from there. If CO2 extraction was legal you'd think they'd set up a big time CO2 extractor and increase their profit and reduce their supply issues??
CO2 uses pressure and cold temps. From what I read that's why it's not the same as butane, which penetrates the trichs. IM GONNA MAKE THIS BOLD...I MAY BE WRONG
Actually it's not right i think. It's not cold or pressure (or you'd use Liquid Nitrogen which is colder and cheaper) but precisely because it's a
solvent when supercritical. It dissolves the THC, separating it from the solids by 'washing it out'. It flows through a filter paper after all.
"Supercritical CO2 is becoming an important commercial and industrial
solvent due to its role in chemical
extraction in addition to its low toxicity and environmental impact. The relatively low
temperature of the process and the stability of CO2 also allows most compounds to be extracted with little damage or
denaturing. In addition, the solubility of many extracted compounds in CO2 vary with pressure,
[1] permitting selective extractions." (emphasis their's)
http://en.wikipedia.org/wiki/Supercritical_carbon_dioxide
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