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.
Lawyer for THC Concentrates Arrests in Tallahassee, FL
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.
Leon County THC Concentrates Information Center
- How are BHO and concentrate crimes classified?
- What are the Penalties for Conviction?
- Where can I find more information about THC concentrates in Tallahassee?
THC Concentrates Charges in Florida
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 felony if 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:
- A convenience business (meaning “any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.m. and 5 a.m.”);
- A public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight;
- A public or private college, university, or other postsecondary educational institution;
- A child care facility between the hours of 6 a.m. and 12 midnight;
- A public housing facility;\
- A community center (meaning “a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public”);
- An assisted living facility (meaning “any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator”);
- A publicly owned recreational facility;
- A physical place for worship at which a church or religious organization regularly conducts religious services; or
- A state, county, or municipal park.
Tallahassee THC Concentrates Penalties
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:
- Third-Degree Felony — Up to five years in prison and fine of up to $5,000; or
- Second-Degree Felony — Up to 15 years in prison and/or fine of up to $10,000.
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.
Florida THC Concentrates Resources
Butane Hash Oil: The Future of Pot — View an October 24, 2013, Miami New Times article discussing concentrates at a time when "BHO use has exploded across Florida and the rest of the nation." The article sheds immeasurable insight on how THC concentrates are manufactured, consumed, and sold. It also discusses the push to legalize medical cannabis and, thus, THC concentrates.
The Facts About Marijuana Concentrates | Just Think Twice — JustThinkTwice.gov is a United States Drug Enforcement Administration (DEA) website. Visit this website to learn what marijuana concentrates are, how concentrates are abused, and how potent concentrates can be. Additional information touches on the effects of using marijuana concentrates.
Pumphrey Law | Tallahassee THC Concentrates Defense Attorney
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.