Marijuana is being legalized in many places in the U.S., both medically and recreationally. As the green leafy plant becomes more accepted, questions have emerged about the other forms of marijuana, such as THC oil. THC oil is also known as hash oil, honey oil, and BHO, just to name a few street names.
Tetrahydrocannabinol (THC) is the active ingredient in marijuana plants. THC Oil is created by using a substance –like water, butane, or oil –to extract the THC from a marijuana plant, leaving an oil or wax-like substance.
Some people who use marijuana have turned to THC oil as an alternative consumption method for many reasons, including health and potency Hash oil can be used as a rub for aches and pains. In addition, marijuana concentrates contain up to 80% THC, as oppose to approximately 20% THC in the normal marijuana plant –meaning the user will feel "higher."
In Florida, however, THC concentrate possession is considered a Schedule I substance meaning that it is subject to harsher penalties than regular marijuana.
Attorney for THC Concentrate Crimes in Brooksville, Florida
Understanding marijuana possession can be a little confusing when the Florida legislature has decriminalized some use and harshly punished other use. With the new medical marijuana regulations set to emerge in 2017, it will be imperative to understand your rights if you are caught with marijuana.
Ashley M. Aulls, P.A. has years of experience defending clients against criminal drug charges in the Tampa-bay Metropolitan area.
Our firm takes clients throughout Hernando County, and in the surrounding counties of Citrus, Sumter, and Pasco.
Penalties for THC Concentrate Possession in Florida
Under Florida law, cannabis products are classified as Schedule I controlled substances. A Schedule I substance means that the substance has a high potential for abuse and has not been medically approved for use. Florida law allows for an exception if the defendant is in possession of twenty (20) grams or less of the plant.
The penalties for the possession of marijuana and marijuana concentrates include:
First-Degree Misdemeanor - a person is guilty of a first-degree misdemeanor if he or she possesses twenty (20) grams or less of marijuana. First-degree misdemeanors are punishable by up to one (1) year in prison and up to $1,000 fines.
Third-Degree Felony – a person is guilty of a third-degree felony if he or she possesses between twenty (20) grams and twenty-five (25) pounds of marijuana. A person may also be charged with a third-degree felony for possessing any amount of THC concentrate. Third-degree felony convictions are punishable by up to five (5) years in prison and up to $5,000 fines.
Florida Medical Marijuana
The Florida Medical Marijuana Initiative went into effect at the beginning of 2017. The Florida Department of Health has until about July 2017 to set the regulations for the State's caregivers, medical marijuana cardholders, and other regulations.
The notice of proposed rulemaking (NPRM) was published on January 17, 2017. Florida's choice to legalize medical marijuana is expected to increase the use of THC oils across the State. Florida is among the twenty-eight (28) states, including D.C., to legalize medical marijuana.
Medical Marijuana Policy Project — The Florida Department of Health held five public workshops across the State, providing the public with the opportunity to voice their concerns about the proposed guidelines for implementation of the medical marijuana program that was established by Amendment 2. Visit the Medical Marijuana Policy website to find out more information about the status of program implementation by the Florida Department of Health and find out what people had to say regarding the Department's NPRM.
Florida Notice of Proposed Rulemaking for Medical Marijuana –Visit the Florida Administrative Code & the Florida Administrative Register for more information about where the Florida Department of Health is regarding the implementation of rulemaking for medical marijuana caregivers and card holders. The Site also has the Florida NPRM for medical marijuana.
Find an Attorney for Marijuana Crimes in Hernando County, FL
If you or someone you know has been charged with marijuana or marijuana concentrate possession, speak with an experienced criminal defense attorney who has seen and practiced the law on criminal marijuana possession for years.
Brooksville criminal defense attorney Ashley Aulls is a dedicated advocate for the rights of criminal defendants.
Call (352) 593-4115 to schedule an in-person consultation with Attorney Ashley Aulls.