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The chemical in cannabis that has the greatest psychoactive effect on the human brain is tetrahydrocannabinol (THC). THC concentrates are mostly known by their street names, butane hash oil (BHO), “wax,” “shatter,” or “budder.” THC concentrates have become increasingly popular in Florida and many locations across the country due in large part to the growth in vaporizers, e-cigarettes, and “dabbing” (vaporizing concentrated marijuana).
While some users may not see the difference between actual cannabis and THC concentrates, it is important to understand that criminal offenses involving possession of BHO or another concentrates are subject to much more stringent penalties than common marijuana offenses.
Unlike many cannabis crimes in which possession of 20 grams or less is charged as a misdemeanor offense, possession of any amount of a THC concentrate in Florida constitutes a felony offense.
If you were arrested for allegedly possessing BHO or any other marijuana concentrate in North Florida, it will be in your best interest to quickly seek legal representation. Pumphrey Law defends clients accused of all types of marijuana crimes in communities throughout Leon County, Wakulla County, Liberty County, Jefferson County, and Gadsden County.
Don Pumphrey and the Tallahassee criminal defense attorneys at Pumphrey Law have several years of combined experience fighting all kinds of illegal drug charges. You can have our lawyers provide a complete evaluation of your case when you call (850) 681-7777 to receive a free initial consultation.
Possession of a controlled substance offenses are established under Florida Statute § 893.13, and Florida Statute § 893.13(6)(b) typically makes possession of 20 grams or less of cannabis a first-degree misdemeanor.
Cannabis, however, is defined under Florida Statute § 893.02(3) defines cannabis as “all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.”
Marijuana concentrates are high-THC resin extracted from cannabis. Possession of any amount of BHO or another marijuana concentrate is a third-degree felony offense, and the crime becomes a second-degree felonyif a person possesses, sells, manufactures, delivers, or possesses with intent to sell, manufacture, or deliver a marijuana concentrate in, on, or within 1,000 feet of the real property comprising any of the following:
The possible sentence for a conviction for a BHO or marijuana concentrate offense depends on the grade of alleged crime the alleged offender has been charged with. Generally, convictions can be punishable as follows:
While concentrates may be sold legally in other states, lawful purchases in other jurisdictions will not excuse possession in Florida.
Alleged offenders cannot plead ignorance as to the illegality of THC concentrates (Florida Statute § 893.101(2) establishes that knowledge of the illicit nature of a controlled substance is not an element of any offense under Chapter 893 of the Florida Statutes), but they may still have any one of a number of other possible defenses.
Were you arrested anywhere in North Florida for an alleged criminal offense involving BHO or any other marijuana concentrate? Do not say anything to authorities without legal counsel. Contact Pumphrey Law as soon as possible.
Don Pumphrey and the criminal defense lawyers in Tallahassee at Pumphrey Law represent individuals all over the Florida Panhandle and Big Bend region, including Tallahassee, Crawfordville, Bristol, Quincy, Monticello, and many surrounding areas. Call (850) 681-7777 or submit an online contact form to have our attorneys review your case and answer all of your legal questions during a free, confidential consultation.
This article was last updated on Friday, September 15, 2017.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
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