Pubdate: Sun, 18 Jan 2015 Source: Honolulu Star-Advertiser (HI) Copyright: 2015 Star Advertiser Contact: http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html Website: http://www.staradvertiser.com/ Details: http://www.mapinc.org/media/5154 Author: Jack Healy, New York Times BUSTING THE BURN Colorado Must Decide How to Deal With Home Hash Oil Efforts That Go Up in Flames DENVER - When Colorado legalized marijuana two years ago, nobody was quite ready for the problem of exploding houses. But that is exactly what firefighters, courts and lawmakers across the state are now confronting: amateur marijuana alchemists who are turning their kitchens and basements into "Breaking Bad"-style laboratories, using flammable chemicals to extract potent drops of a marijuana concentrate commonly called hash oil, and sometimes accidentally blowing up their homes and lighting themselves on fire in the process. The trend is not limited to Colorado - officials from Florida to Illinois to California have reported similar problems - but the blasts are creating a special headache for lawmakers and courts here, the state at the center of legal marijuana. Even as cities try to clamp down on homemade hash oil and lawmakers consider outlawing it, some enthusiasts argue for their right to make it safely without butane, and criminal defense lawyers say the practice can no longer be considered a crime under the 2012 constitutional amendment that made marijuana legal to grow, smoke, process and sell. "This is uncharted territory," said state Rep. Mike Foote, a Democrat from northern Colorado who is grappling with how to address the problem of hash-oil explosions. "These things come up for the first time, and no one's dealt with them before." During the past year, a hash-oil explosion in a motel in Grand Junction sent two people to a hospital. In Colorado Springs, an explosion in a third-floor apartment shook the neighborhood and sprayed glass across a parking lot. And in an accident in Denver, neighbors reported a "ball of fire" that left three people hospitalized. The explosions occur as people pump butane fuel through a tube packed with raw marijuana plants to draw out the psychoactive ingredient tetrahydrocannabinol, or THC, producing a golden, highly potent concentrate. The process can fill a room with volatile butane vapors that can be ignited by an errant spark or flame. There were 32 such blasts across Colorado in 2014, up from 12 a year earlier, according to the Rocky Mountain High-Intensity Drug Trafficking Area, which coordinates federal and state drug enforcement efforts. No one has been killed, but the fires have wrecked homes and injured dozens of people, including 17 who received treatment for severe burns at the University of Colorado Hospital's burn center. The legal complexities played out one snowy morning in a Denver courtroom as a district judge puzzled over the case of Paul Mannaioni. Mannaioni, 24, was charged with committing fourth-degree arson and manufacturing marijuana after explosions ripped through a marijuana cooperative in Denver. When emergency responders showed up, they found Mannaioni and two other people with severe burns "all over their arms and legs," according to a police affidavit. To prosecutors, a crime had taken place. Legalization may have given licensed and regulated marijuana manufacturing facilities the ability to extract hash oil legally in controlled environments, but officials say dangerous, homemade operations using flammable butane - a fuel for lighters, portable stoves or heaters - are still illegal. Mannaioni's lawyer, Robert Corry, a prominent marijuana advocate, had a different take. When Colorado's voters passed Amendment 64 to legalize marijuana for personal use and recreational sales, Corry told the judge, they called for a fundamental shift in how Colorado treated marijuana. It is no longer an issue for the police and courts, he said, but for the regulators and bureaucrats who enforce the civil codes surrounding marijuana growers and dispensaries. The legal system has not budged. The state attorney general has weighed in to say legalization does not apply to butane extraction. - --- MAP posted-by: Jay Bergstrom