In recent years, the legalization of cannabis and its derivatives has become a hot topic across the United States. While some states have embraced this trend by allowing both recreational and medicinal use, others maintain stricter regulations. In Florida, possession of cannabis concentrates remains a contentious issue with severe legal consequences for those found in violation.
To shed light on this matter and provide key insights into the legal landscape surrounding it, our team of experienced attorneys at Stechschulte Nell Law is here to guide you through the complexities of possession of cannabis concentrates in Florida’s criminal justice system.
Whether you are facing charges or simply seeking to stay informed about your rights and obligations, we aim to equip you with valuable knowledge that can help protect you.
What to Know About Cannabis Concentrates
Cannabis concentrates refer to products made from extracting cannabinoids and terpenes from the marijuana plant.
These extracts typically contain higher levels of THC than traditional forms of marijuana, making them more potent.
Cannabis concentrates come in diverse forms, each with its unique characteristics and consumption methods. Some common types include:
- Oils
- Waxes
- Shatter
- Budder
- Crumble
- Live Resin
These concentrates are known for their high potency levels ranging from 50% up to an impressive 90% THC content. Due to this concentration of cannabinoids and terpenes, users can experience stronger effects compared to traditional smoking methods.
Penalties for Possessing Cannabis Concentrates
The laws regarding cannabis concentrates are strict, and those found in possession may face severe penalties. In Florida law, possession, and distribution of cannabis concentrates are treated similarly to other forms of marijuana.
Cannabis concentrates are classified as a Schedule I controlled substance in Florida.
- Possessing less than 20 grams of cannabis concentrates without the intent to distribute is considered a third-degree felony, which can result in up to five years in prison and hefty fines of up to $5,000.
- If the possession exceeds 20 grams but remains below 25 pounds, it escalates to a second-degree felony. Offenders may face imprisonment for up to 15 years and fines totaling $10,000.
According to Florida Statute 322.055, the Florida DHSMV will suspend a person’s driver’s license or driving privilege for six months if they are found guilty of Possession of Cannabis Concentrates.
How We Defend Marijuana Concentrate Cases
There are several effective defense strategies that our skilled attorneys may employ to protect our clients facing marijuana concentrate-related charges.
Unlawful Searches & Seizures
One common defense is challenging the legality of the search and seizure conducted by law enforcement officers. The Fourth Amendment protects individuals from unreasonable searches and seizures without a warrant or probable cause.
If it can be proven that the police violated this constitutional right during the arrest or search process, any evidence obtained may be deemed inadmissible in court.
Inaccurate Testing
Another defense strategy involves questioning the accuracy of lab tests used to analyze marijuana concentrates. These tests are not foolproof and can produce false positives or inaccurately measure THC levels.
Note: Any CBD product with a residual THC content under 0.1 percent is legal to own.
Medical Necessity
Often people are charged with using cannabis concentrates when they have a medical necessity or prescription to do so. By presenting evidence of a valid prescription, a defense attorney can argue that their clients were using cannabis concentrates under legitimate medical guidance and with an intention solely for therapeutic purposes.
Lack of Knowledge
If your attorney can prove that you did knot know the substance in your possession was a cannabis concentrate, it may greatly impact the outcome of your case.
In such cases, the burden of proof lies on you as the accused to establish your lack of awareness about possessing a cannabis concentrate. Your attorney will diligently work to demonstrate that you had no reason to suspect or believe that what you possessed was anything other than regular marijuana or another legal substance.
Constructive Possession
In situations where the cannabis was discovered in a location accessible to multiple individuals, prosecutors face a significant challenge in proving possession beyond a reasonable doubt. The key legal concept of “constructive possession” can be instrumental when building a solid defense strategy with experienced attorneys.
In such cases, prosecutors must establish that the defendant had exclusive control or knowledge of the illicit substance. If it can be proven that more than one person had access to the area where the cannabis concentrate was found, it becomes much harder for prosecutors to attribute sole responsibility to any one individual.
This defense strategy essentially questions whether there is sufficient evidence linking the accused directly to the drugs and raises doubts about their exclusive control over them.
More Marijuana Defense > Types of Marijuana Charges in Florida
Contact Stechschulte Nell Law
When it comes to defending against charges of marijuana and cannabis concentrate possession in Tampa, you can trust Stechschulte Nell Law to be on your side. From conducting thorough investigations to building a solid strategy, their team will work tirelessly to protect your rights and fight for a favorable outcome.
Don’t face these charges alone. Lean on Stechschulte Nell Law for strong representation and peace of mind. Contact them today at 813-280-1244 for a case review.
