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Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

Can you legally make BHO or marijuana extracts in Michigan?

Michigan’s legal marijuana industry is constantly in a state of flux. Whether your business has or hopes to secure licensing for recreational or medical marijuana, you need to not only complete significant amounts of paperwork but also have an understanding of the existing law and legal decisions in the state.

Both growers and companies that make marijuana products should be aware of a recent Appeals Court ruling that effectively upholds a total ban on a popular form of marijuana concentrate.

Many people make extracts with butane

One of the more common forms of marijuana extract is butane hash oil (BHO). People sometimes call BHO dabs, wax, glass or shatter. It has become incredibly popular in the last decade, with demand for the product at both recreational and medical dispensaries.

Unfortunately, when handled improperly, the process of extracting active chemicals from marijuana with butane can be very dangerous. Explosions and fires can result. Although industrial facilities can arguably control for these risk factors, the state has not legalized butane extraction. A recent case led to the courts reaffirming the total ban on butane extraction.

What does this ruling mean for growers and processors?

Making BHO is often a way to turn waste products like fan leaves or trimmings into a product that sells for a premium price.

Whether you don’t want to waste some of the plant matter that you grew or your entire job in the marijuana industry thus far has revolved around extraction, there are still options available. Butane is far from the only solvent, and there are also solventless systems available, such as closed-loop extraction systems.

Discussing your plans, your needs and your concerns with a business attorney familiar with Michigan’s marijuana laws and regulations can help you avoid making mistakes that could lose you your license or result in criminal charges.