Legal Blog

Dealing Marijuana Extract

13 May 2016 | Criminal Defense,  Drug Charges,  Legal Blog,  Marijuana,  

Attorney Sean Hessler

Written by
Sean Hessler

13 May 2016

Criminal Defense,  Drug Charges,  Legal Blog,  Marijuana,  

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An arrest warrant was recently released for a 26-year-old resident of Schererville, Indiana, for dealing THC extract, also known as marijuana extract or hash oil. He faces two felony counts for dealing a controlled substance, another felony count for dealing or shipping marijuana, and misdemeanor charges related to drug paraphernalia.

While many people think of only possessing or selling the marijuana plant as a crime, the oil or other substances extracted from the plant is also illegal. The THC resin-like substance can be smoked, vaporized, or ingested for the user to get high on. While the potency of this can vary, it has the potential to be highly potent. If you are facing drug-related charges like dealing a controlled substance, never delay contacting a team of experienced Indianapolis criminal attorneys.

Indiana Law on Marijuana

Under Indiana law, anyone who intentionally grows or extracts, delivers, or possess marijuana, hash oil or hashish – or who finances any of these actions – is guilty of dealing in an illegal substance. These offenses are generally charged as Class A misdemeanors, except certain circumstances can raise the charges to a felony.

For instance, you can be charged with a Class D felony if:

  • The recipient of the marijuana or extract is a minor,
  • The amount is greater than 30 grams but less than 10 pounds of marijuana,
  • The amount is greater than 2 grams but less than 300 grams of hash oil or hashish, or
  • The defendant has a prior conviction involving marijuana or its extract.

If the amount involved in the crime is even greater than those laid out above, you can be charged with a Class C felony.

Penalties for Possessing or Selling Marijuana Extract

If you were charged with having or selling a small amount of hash oil, then you face up to 1 year in jail and a fine up to $5,000. However, a Class D felony is punishable with up to 3 years in prison, while Class C is punishable by up to 8 years. Both also come with fines up to $10,000.

Not only will someone convicted of selling marijuana extract face having a permanent criminal record with a drug conviction on it, but if they could spend years in prison, have to pay significant fines, and have their rights limited probation.

The Dangers of Manufacturing Marijuana Extract

Marijuana extracts are becoming increasingly popular. In states where marijuana or medical marijuana use is legal, there are entire labs dedicated to safely extracting THC oil from marijuana. It is a specific scientific process that requires care and regulation.

However, the residential interest in this drug has hit the headlines because extracting THC oil at home can be dangerous. It isn’t the same as simply growing a plant and using the flowers. There have been numerous accounts of explosions caused because non-professionals have attempted to make hash oil in their own kitchens.

These oils are hydrocarbon solvents that can accumulate in spaces without proper ventilation, which is why explosions in small, personal kitchens aren’t surprising. Professional labs use closed systems which ensure these chemicals can’t accumulate in the air.

How Experienced Indianapolis Criminal Defense Attorneys Can Help

The lawyers at Hessler Law understand that the popularity of marijuana and its various extracts is growing around the country and more states are legalizing all or some use of these products. However, while it may be legal to possess and use hash oil in Colorado or Washington, it remains illegal in Indiana.

Don’t try and face a drug charge alone. Instead, contact Hessler Law at (317) 886-8800 to learn more about your rights and the best ways to handle the situation.