Possession of THC or Marijuana in Hernando County
Were you charged with possession of tetrahydrocannabinol (THC) or marijuana after an arrest in Hernando County, FL?
Although the possession of cannabis in its green leafy form can be charged as a first-degree misdemeanor, any concentrated form of cannabis can be charged as a third-degree felony. For this reason, even a small dab might result in a felony arrest. This distinction causes some absurd results especially since many offenses for possessing the green leafy form of cannabis have been decriminalized.
Prosecutions for possession of tetrahydrocannabinol (THC) have become less common since hemp and CBD were effectively decriminalized in Florida. The changes in the law caused most forms of hemp and CBD to fall outside the legal definition of cannabis or controlled substances.
Nevertheless, officers in Hernando County, FL, are still sometimes making an arrest for possession of tetrahydrocannabinol (THC). If you were charged with this type of drug crime, immediately contact an experienced criminal defense attorney who fights marijuana / cannabis / THC charges.
We can file a motion to dismiss any felony charge pending against you. We also represent clients on related charges of 893.13.6a DRUGS-POSSESS, CNTRL SUB WO PRESCRIPTION, and 893.13.3 MARIJUANA-DISTRIB, DELIVER NO MORE THAN 20 GRAMS.
Attorney for Possession of THC in Hernando County, FL
If you were charged with a felony for possession of tetrahydrocannabinol (THC) or marijuana after an arrest in Hernando County, FL, then contact one of the four attorneys at the Sammis Law Firm. We fight drug cases including marijuana/cannabis or THC charges at the courthouse in Brooksville, FL.
For concentrated forms of marijuana without a medical marijuana card, the officer can make a felony arrest for possession of even a tiny amount of a concentrated form of marijuana.
In Hernando County, FL, this charge is often coded into the system as “Possession of Tetrahydrocannabinol.” On the criminal report affidavit, the arresting officer will code the offense as “marijuana – possess cannabis oil, wax, resin (893.13.6A WAX).”
Florida’s Statutes for Marijuana Crimes
Florida Statute 893.13(6)(a) prohibits the possession of any amount of cannabis that is concentrated and contains THC, even if the total weight of the substance is less than twenty (20) grams. Concentrated forms of cannabis include wax, resin, oil, hash, hashish oil, budder, and crumble. Concentrated forms of cannabis are consumed as an edible or by using a vape pen.
Any crime involving the possession of marijuana or THC is serious because a conviction requires that your driver’s license is suspended for two year with a full one year of no driving before you become eligible for a hardship license as provided in Florida Statute 322.055.
The prosecutor takes 21 days to make a filing decision. For this reason, it is important to hire an attorney as soon as possible. We can contact the prosecutor to show all of the reasons that no felony charges should be filed.
Penalties for the Possession of Marijuana Concentrates
If you were caught in possession of THC or a concentrated form of cannabis, then you can be charged with a third-degree felony with a Level 3 severity ranking. Any third degree felony is punishable by up to five (5) years in Florida State Prison and a $5,000 fine.
Legislation has been pre-filed in Florida to decriminalize the possession of small amounts of marijuana. Florida’s 2020 House Bill 25 / Senate Bill 242 would reduce the penalty for the possession of up to 20 grams of marijuana from a first-degree misdemeanor (punishable by a $1,000 fine and up to 12 months in jail) to a noncriminal violation (punishable by a fine only).
Specifically, Florida 2020 House Bill 25 and Senate Bill 242 would amend Section 893.13 to:
- reduce the possession of small amounts of marijuana, less than 20 grams, from a first degree misdemeanor to a “noncriminal violation”;
- reduces the possession of more than 20 grams of cannabis or more than 600 milligrams of THC in cannabis products from a third-degree felony to a first-degree misdemeanor;
- allow juveniles found in possession of 20 grams of cannabis or more than 600 milligrams of THC in cannabis products, for a first offense, to be eligible for a civil citation or prearrest diversion program as provided in Section 985.12.
If passed, the decriminalization of less than 20 grams of marijuana or 600 milligrams of THC in cannabis products would take effect on July 1, 2020.
Defenses for Cannabis Concentrate Crimes
The most common defenses for being in possession of THC involve filing the following types of motions:
- a motion to suppress any evidence because of a bad traffic stop, prolonged detention, or warrantless arrest;
- a motion to exclude unduly prejudicial evidence;
- a motion to dismiss charges not supported by sufficient evidence especially when:
- constructive or joint possession is alleged but can’t be proven;
- the substance has been tested to determine its THC level to eliminate the possibility that it qualifies as hemp or CBD.
Other defenses involve a showing that you had a medical necessity. The medical marijuana necessity defense can be used if you suffer from a physical illness or ailment for which there was no lawful medication available to properly treat the illness or ailment and cannabis was the only substance that could relieve your pain or suffering, even if you never got a medical marijuana card.
This article was last updated on Friday, June 17, 2022.