Before jumping to any conclusions about legal strategy, read about the Hogshire case. The Nation magazine had a good article. It was back in 1998 or so. The story was also covered in the Seattle newspapers.
The ineffectiveness of cold water as a solvent is totally irrelevant; heating the water can solve the problem. But the law doesn't care if it's unpalatable because of the gums, resins, and waxes that most solvents would release.
All that matters (under federal law) is whether or not the extract contains more than the specified maximum allowable concentrations (keeping it unscheduled) of morphine, codeine, etc.
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