You’ve heard the buzz, you’ve seen the news but are you aware of the penalties? We have all seen it- the person walking down the street, sitting at the bar or laying out at the beach smoking on their e-cigarette aka vape pen. BUT how many of you knew that the person smoking on the e-cigarette or vape pen might actually be smoking marijuana and not tobacco?
Many cannabis users are switching to vape pens because it provides the user with a more convenient way to consume their marijuana due to the fact that it produces little to no marijuana scent and vape pens are still allowed in many restaurants and bars. Due to the convenience and inconspicuousness of utilizing a vape pen to consume marijuana, many users are also under the false pretense that the penalties associated with being caught with a vape pen containing a THC concentrate are less severe than being caught with an actual bag of a marijuana.
That is not the case in Florida. It can actually be a worse offense to be caught with a vape pen containing a THC concentrate than if you were caught possessing less than twenty (20) grams of marijuana. That 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.” Therefore, most people don’t realize until after they have been arrested, that they are being charged with possessing a marijuana concentrate, rather than just possessing marijuana, which under Florida Statue 893.13(6)(a) is a third-degree felony that may 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 have been charged or arrested for the crime of Possession of Cannabis Concentrates in Northern Florida or the Greater Jacksonville area, contact the Jacksonville Criminal Defense Law Firm of McGRATH GIBSON today at (904) 358-3300.
