If you are still talking legalities, the courts don't care how high it gets you.

Some hash is better than some weed, and vice versa. If a type of weed is used to make hash, and it is done correctly, the resulting hash product should be more powerful than the same weighed amount of the type of weed that it was made from.

I've had weed that was better than some types of hashish, but that's a subjective call. Gram for gram, I'd prefer Tibetian finger hash or Nepalese Temple Balls to most regular weed types - and I'm sure that there are people out there producing better hash than I've ever had. Overall, I am pretty satisfied with today's weed quality - when it's available to me (which is not happening at the moment).