You’ve heard the buzz, you’ve seen the news but few are aware of Florida laws about vaping marijuana? We have all seen someone walking down the street, sitting at the bar or laying out at the beach smoking on their e-cigarette, aka vape. But unless you smell a flavor, there is really no way to know exactly what they are vaping. You might be surprised that one survey found that 7% of current vape users also report vaping marijuana. Another study found that approximately 30% of middle and high school students who have ever used a vape reported vaping marijuana. And you would never know because vaping marijuana smells no different than vaping nicotine products.
Many cannabis users are switching to vaping marijuana rather than the traditional ways of smoking marijuana because it provides the user with a more convenient way to consume their marijuana. Additionally, as mentioned above, vaping marijuana produces no marijuana scent and vaping is still allowed in many restaurants and bars. These factors allow for the public vaping of marijuana, (Concentrated THC) wherever vaping is permitted without anyone knowing.
Most of those who publicly vape THC products are under the mistaken assumption that the Concentrated THC products they are vaping are no different than smoking actual marijuana and that the penalties associated to being caught with a vape device containing a THC concentrate is do different than being caught with marijuana.
Do You Fully Understand Florida Laws About Vaping Marijuana?
Florida laws about possessing a THC Concentrate are much different than possessing a small amount of marijuana. It can actually be a much worse offense to be caught with a vape device containing any amount of a THC concentrate than if you were caught possessing less than twenty grams of marijuana. This is because the Florida law that reduced penalties for possessing small amounts of marijuana specifically carved out “resin extracted from the plants of the genus cannabis or any compound manufacture, salt, derivative, mixture, or preparation of such resin.” (Florida’s legal definition of THC Concentrate or cannabis resin).
As a result, most people don’t realize until after they have been arrested for vaping marijuana, that they are being charged with possessing a marijuana concentrate, rather than just possessing a small amount of marijuana. By law in Florida marijuana concentrate is NOT the same as marijuana, and under Florida Statue 893.13(6)(a) possessing a marijuana concentrate is a third-degree felony that could result in;
- A prison sentence up to five (5) years
- A fine of up to $5,000
- Your license being revoked for one (1) year during which you cannot apply for a hardship
If you or a loved one has been arrested or charged for the possession of a cannabis concentrate or need a better understanding of Florida laws about vaping marijuana, contact the criminal defense attorneys at McGRATH GIBSON LAW at (904) 358-3300 or use the contact form below and we will get back to you right away.
