Post date: Jul 11, 2015 7:47:34 PM
(John Bohn - June 24, 2015
Dear Colleagues.
I am pleased to report that on May 29, 2015 the Governor signed into law House Bill 15-1305 which is attached. As some of you are aware, I worked with the primary sponsor of the bill, Representative Mike Foote (former MAFIT member and Boulder County Assistant District Attorney) to bring him up to speed on the manufacturing process of hash oil and other concentrates of marijuana after he expressed interest. We involved Jerry Means and Larry Pederson (retired Greeley/Weld County and CBI forensic chemist). Jerry provided case studies and Larry provided the scientific data about the process and came up with the term “inherently hazardous substance” used in the law. Jerry and Larry and others testified before legislatives committees involved in the process. The bill eventually passed both the house and senate with only 1 no vote.!
In addition to our knowledge based upon fire and explosion investigations, the bill provides the rationale for the change in the law.
This is a great example of working with our “friends” in the fire business to effect change for the good.
The actual new statue is shown below as excerpted from the bill.
Cheers!
John A. Bohn, CFEI, IAAI-CFI®, CFII, CVFI
18-18-406.6. Extraction of marijuana concentrate - definitions.
(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, CORPS., 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.