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Possession of Tetrahydrocannabinol

The possession of the green leafy form of marijuana less than 20 grams is a misdemeanor. But the possession of any concentrated form of marijuana can be charged as a felony in the third degree. For this reason, even a small dab is a felony. This distinction causes some absurd results. 

The distinction is even more absurd when you consider the fact that the Port Richey City Council became the first government body in Pasco County to decriminalize the possession of less than 20 grams of marijuana in its green leafy form. The 2016, the city council passed an ordinance on a 3-2 vote Tuesday night that will allow police the discretion to issue a $155 civil citation in lieu of an arrest on a criminal misdemeanor charge for possessing less than 20 grams of pot, as long as the offender is age 18 or older and not engaged in any other simultaneous crime.

On June 6, 2018, Pasco County got its first medical marijuana treatment center, Trulieve, which opened a new storefront at 5623 US Highway 19 in New Port Richey.

For concentrated forms of marijuana without a medical marijuana card, the officer can make a felony arrest for possession of even a tiny amount of a concentrated form of marijuana. In Pasco County, this charge is often coded into the system as "Possession of Tetrahydrocannabinol." On the criminal report affidavit, the arresting officer will code the offense as "marijuana - possess cannabis oil, wax, resin (893.13.6A WAX)."

In Hillsborough County, this charge is coded into the system as "POSSESSION OF CANNABIS SATIVA RESIN (DRUG2104)," a third-degree felony charge comes with a standard bond of $2,000. The offense is typically written up as "possession of cannabis sativa resin vaporizer with THC oil (DRUG2104)" on the criminal report affidavit.

Attorney for Possession of Cannabis Concentrates in Florida

Florida Statute 893.13(6)(a) prohibits the possession of any amount of cannabis that is concentrated and contains THC, even if the total weight of the substance is less than twenty (20) grams. Concentrated forms of cannabis include wax, resin, oil, hash, hashish oil, budder, and crumble. Concentrated forms of cannabis are consumed as an edible or by using a vape pen.

Any crime involving the possession of marijuana or THC is serious because a conviction requires that your driver's license is suspended for two year with a full one year of no driving before you become eligible for a hardship license as provided in Florida Statute 322.055.

The prosecutor takes 21 days to make a filing decision. For this reason, it is important to hire an attorney as soon as possible. We can contact the prosecutor to show all of the reasons that no felony charges should be filed.

The attorneys at the Sammis Law Firm represent clients charged with marijuana crimes in Pasco County, FL, and the surrounding areas of Hillsborough County, Pinellas County, Hernando County, and Polk County. In Pasco County, we fight cases prosecuted at the courthouse in New Port Richey and Dade City. 

Call 813-250-0500 to discuss your case.


Penalties for the Possession of Marijuana Concentrates

If you were caught in possession of a concentrated form of cannabis, then you can be charged with a third-degree felony which is punishable by up to five (5) years in Florida State Prison and a $5,000 fine. For purposes of Florida’s Criminal Punishment Code, the crime of possession of a concentrated form of marijuana is classified as a Level 3 offense for the severity ranking.

For purposes of Florida’s Criminal Punishment Code, the crime of possession of a concentrated form of marijuana is classified as a Level 3 offense for the severity ranking.


Defenses for Cannabis Concentrate Crimes

The most common defenses for being in possession of a concentrated for of cannabis involves filing a motion to suppress evidence seized during an illegal search. Other defense involve a showing that you didn't actually possess the substance on an actual or constructive basis. Additionally, it is a defense to the charge if you possessed the substance, but didn't know of its illicit nature. 

Other defenses involve a showing that you had a medical necessity. The medical necessity defense can be used if you suffer from a physical illness or ailment for which there was no lawful medication available to properly treat the illness or ailment and cannabis was the only substance that could relieve your pain or suffering.


This article was last updated on Friday, November 2, 2018. 

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