Exactly right. From how the law states in most US States, the oil would be illegal now. But since this would probably be different than any other case the judge has determined, he will probably have to either hold up the idea that the oil is illegal (stare decisis) or make a different ruling. The problem is, that the oil will probably be included in the weight because there is no way to determine how much weed you actually put in them. (They won't just take your word on it).