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Attorney General Kilmartin Files Legislation to Regulate Manufacture of Butane Hash Oil

Attorney General Peter F. Kilmartin has filed legislation in the Rhode Island Senate that prohibits medical marijuana patients and caregivers from extracting THC from marijuana using a flammable liquid. The legislation would allow compassion centers to extract THC using a flammable liquid only within rules and regulations to be promulgated by the Rhode Island Department of Health. The legislation (S 924) is sponsored by Senator Frank A. Ciccone, III (D, District 7 – Providence, North Providence).

Butane Hash Oil, also known as BHO or Shatter, gets its name from the process from which it is made. BHO is created by drawing liquid butane through a tube stuffed with marijuana. Resin from the cannabis that contains THC is caught in the butane as it passes through the tube. The butane-resin mixture then enters a glass vial where the butane turns to gas, leaving behind only concentrated THC resin, which is then lit and smoked. The resultant butane gas, however, is highly flammable.

A story published by the New York Times in January noted that Colorado has seen a significant increase in explosions and fires as a result of the manufacture of BHO in residential settings. According to the article, there were 32 explosions in 2014 as compared to 12 in 2013. While no one has been killed in the explosions according to the article, dozens of injuries have been reported including 17 for severe burns.

In Rhode Island, Burrillville and Portsmouth Police departments have made arrests of individuals with evidence of BHO production facilities in residential settings.

"We only need to look to what Colorado, Oregon and Washington State have experienced to know how dangerous and potentially deadly the manufacture of BHO can be if not properly regulated. We need to get a handle on this public safety problem before anyone is injured, or worse, killed," said Attorney General Kilmartin.

"This is a public safety issue, plain and simple," said Senator Ciccone. "Explosions from the use of flammable liquids in extracting THC from marijuana are resulting in serious injury. It's been a big problem in Colorado and Washington. Before it becomes a big problem here, we need to address it through the law."

Lincoln Police Chief and President of the Rhode Island Police Chiefs Association Brian Sullivan added, "There is clear and convincing evidence from around the country and even here in Rhode Island that making Butane Hash Oil is very dangerous and can be deadly."

Colorado, Oregon and Washington have similar prohibitions on homemade BHO production in their marijuana laws. All three states require that commercial manufacturers use a "closed-loop" system that keeps flammable solvents from seeping into the room.

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