Concentrated Forms of Marijuana
Update: Effective on 7/1/19, the State Hemp Program (2019 CS/CS/SB 1020) took effect. Now that hemp is legal under Florida law, criminal defense attorneys are using new defeses to fight marijuana / cannabis cases for a dismissal.
Prosecutors are dropping charges because of bigger problems with the sniff / smell search, presumptive roadside tests for probable cause, or evidentiary problems with proving the THC level of the cannabis or marijuana (to distinguish it from legal hemp).
Read more about why hemp is now legal in Florida.
Under Florida law, the possession of less than 20 grams of the green leafy version of marijuana is punishable as a first-degree misdemeanor. But what happens if the green leafy version of marijuana is concentrated into another form such as a dab, hash, oil, shatter, or wax?
Any concentrated form of marijuana, other than simply drying out the leaves, is charged as a third-degree felony under Florida law.
So if you get caught with dabs, a prosecutor with the state attorney’s office can charge the offense as a felony for possession of a controlled substance (even if it took less than 20 grams of the green leafy substance to make the concentrated form of the substance).
In Hillsborough County, FL, the crime is often charged as “possession of cannabis sativa resin,” a third-degree felony with a standard bond of $2,000 in Hillsborough County, FL.
In many of these cases, the prosecutor can be persuaded to treat the offense like a misdemeanor which could result in a dismissal of the charges, especially if you agree to enter a misdemeanor diversion program.
Of course, the best result is getting the charges dropped outright, usually because of an illegal search or insufficient evidence to prove actual or constructive possession.
Lawyers for Cannabis Concentrate in Tampa, FL
If you were caught with any concentrated form of cannabis, including dabs, wax, oil, or hash, then contact an experienced criminal defense attorney at Sammis Law Firm in Tampa, FL. Related offenses involve the possession of paraphernalia used for “dabbing” or “vaping.”
Although possession of dabs or any other form of concentrated marijuana is a third-degree felony in Florida, our attorneys are familiar with the best ways to fight the charges.
Contact us for a free consultation to learn more about the charges pending against you, the potential punishments for those charges, and the most effective defenses to fight for an outright dismissal.
In many felony marijuana cases, the best results come after your attorney files a motion to suppress because of an illegal search.
Charges might also be dropped or dismissed after your attorney files a motion to dismiss because of insufficient evidence of actual or constructive possession.
Call (813) 250-0500 today.
College Students Charged with Felony Marijuana Crimes
Although the possession of a small amount of marijuana has been decriminalized in the city of Tampa, neither the University of South Florida nor the University of Tampa has done much to change their policies when it comes to punishing students for being in possession of the green leafy substance or a concentrated form of cannabis.
A student can be suspended or expelled from USF or UT depending on the amount of illegal drugs in their possession. For example, at UT, even a first violation for a misdemeanor amount of the green leafy version could result in the following:
- the student being charged a $200 prevention fee;
- being kicked out of on-campus housing; and
- being placed on “pending suspension” status or being enrolled in a mandatory drug assessment class with a licensed counselor.
With a second violation for any marijuana offense, a student at the University of Tampa can be suspended.
The attorneys at Sammis Law Firm represent college and university students charged with a crime. We are familiar with the problems for USF students and UT students accused of a student conduct code violation.
This article was last updated on Tuesday, February 1, 2022.