Vaping and Hash Oil

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Although marijuana legislation in Florida is a controversial issue, recreational use is becoming more acceptable across the country. The health benefits of marijuana are becoming more acknowledged and more states are getting on board with legalization. Currently, twenty-eight (28) states, including the District of Columbia, have legalized medical marijuana. Seventeen (17) states have decriminalized marijuana, and seven (7) states have legalized marijuana for recreational use.

The increase in marijuana acceptance has also brought on alternative ways of consuming it. For those new to marijuana, these methods may be unheard of. Vaping refers to inhaling the gasses released from marijuana after it has been heated. Dabing, another way to use concentrate, uses a cylinder-like tube to heat and inhale THC concentrate.

Of course, marijuana has been used in cooking baked goods as well as other foods. Marijuana users have chosen to vape, dab, or eat marijuana edibles rather than smoke it for reasons that range from health to potency. Individuals have chosen these methods of using the substance to reduce the risk of lung diseases or respiratory issues and for the strength of the THC concentration- the active ingredient in marijuana. What users fail to realize is the many states have laws that penalize hash oil concentrates a lot harsher than they do the green leafy substance.


Attorney for Hash Oil Crimes in Tallahassee, FL

Florida has recently legalized medical marijuana. As using marijuana becomes more acceptable, understanding your rights under the new regulations will become more important. Call one of our experienced marijuana defense attorneys for more information on hash oil and how the new Florida medical marijuana legalization might impact how these crimes of prosecuted.

Don Pumphrey represents criminal defendants charged with marijuana concentrate possession in Leon County, FL, and the surrounding counties including Jefferson County, Wakulla County, Gadsden County, and Liberty County.


What is Hash Oil?

Hash oil is the result of extracting the active ingredient (THC) from marijuana plants. The extraction process creates a substance that is a concentrated form of THC. Butane is the most common chemical substance used for extraction. The maker puts butane in a polyvinyl cylinder tube along with marijuana.

The butane extracts the THC from the marijuana and leaves oil or wax-like substance at the end. Butane is not the only method for oil extraction. Some methods use alcohol, olive oil, ethanol, or water. Each method makes the resulting substance different. The terms used to describe it refer to the consistency of the extract. Some other names for marijuana extracts include:

  • hash
  • co2 oil
  • budder
  • Rick Simpson Oil (RSO)
  • shatter

Lab Testing for Cannabis Resin and Hash Extracts in FL

The new methods of marijuana consumption involving higher THC levels raise interesting implications for GC-MS testing for cannabis resin extracts. Gas Chromatography--Mass Spectrometry (GC-MS) is a method for analyzing and identifying various substances in a given test sample. Most counties use the Florida Department of Law Enforcement (FDLE) Crime Lab.

If the police recover a small amount of marijuana concentrate on a piece of wax paper, for example. The weight of the sample would be measured in grams and described as a brown wax-like substance. The crime lab will then return a report identifying the substances as a cannabis resin extract from GC-MS test.


Criminal Penalties for Marijuana in Florida

Marijuana is a Schedule I substance.  A Schedule I substance describes a drug that has not been approved for medical use and has a high risk of abuse. With respect to marijuana, all cannabis products, except less than twenty (20) grams of marijuana as a green leafy substance, constitute a Schedule I substance.

Penalties for marijuana include First-Degree Misdemeanor: possessing marijuana is a first-degree misdemeanor when the person 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: possessing marijuana becomes a felony when an individual possesses between twenty (20) grams and twenty-five (25) pounds of marijuana.

Possessing any amount of THC concentrate is a felony. A conviction of a third-degree felony is punishable by up to five (5) years in prison and up to $5,000 in fines.


Additional Resources

Definitions for Popular Hash Oil Names - For more information on the definitions of popular marijuana terms for butane hash oil or honey oil visit the Druglaws.org website.The website also provides access to blogs and useful resources about the marijuana community and the effects of using marijuana.d Care Official Website for the full language contained in Amendment 2 along with useful definitions such as "Debilitating Health Conditions."

The Medical Marijuana Act - The Marijuana Policy Project is a nonprofit organization that campaigned to pass Amendment 2 -the medical marijuana act in Florida. The Marijuana Policy Project partnered with United Care MPP assisted with the campaign's fundraising and public education efforts. 


Finding a Lawyer for Marijuana Resin Crimes in County, Florida

If you or someone you know has been charged with marijuana concentrate possession, then contact an experienced marijuana defense attorney in Leon County, FL. With offices in Tallahassee, Don Pumphrey can help you understand the charges pending against you, the potential punishments, and the best defenses to fight the charges.

Call attorney Don Pumphrey at (850) 681-7777 for more information about crimes for marijuana concentrates. Don Pumphrey represents criminal defendants charged with drug possession crimes in Leon County, FL, and the surrounding counties of Jefferson County, Wakulla County, Gadsden County and Liberty County. This article was last updated on Friday, January 27, 2016.

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Don Pumphrey Jr.
Donald Pumphrey Jr.

Attorney Don Pumphrey Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney.

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