Possession of THC Oil
Traditionally, cannabis has been smoked through a pipe, blunt, or joint. Recently, marijuana users have been turning to vaporizers to inhale concentrated versions of cannabis instead of smoking the green-leafy substance.
The main ingredient in cannabis that gives you a “high” is tetrahydrocannabinol or “THC.” THC can be extracted from the cannabis plant at the very high temperature of 315 degrees. The THC becomes an oil and can be smoked through a vaporizer. Vaporizing is more efficient than smoking from a blunt or a joint because 30% of THC is destroyed by smoking the traditional way.
The problem with smoking THC oil, rather than cannabis, is it carries more serious criminal penalties. Possession of THC oil is a Schedule I narcotic that carries a possible sentence of 5 years in prison as a third-degree felony. Possession of cannabis in its natural form, on the other hand, carries only misdemeanor penalties which include up to 12 months in jail and a $1,000 fine as long as the amount possessed is less than 20 grams.
Attorney for Possession of THC Oil in Miami, FL
If you were charged with possession of THC oil or other forms of concentrated cannabis extract in Miami, FL, you need an attorney that is experienced in fighting drug crimes. Drug crimes prosecuted in Miami-Dade County, FL, come with many important defenses related to the illegal seizure of the drugs or issues with proving knowledge or constructive possession.
E.J. Hubbs is Board Certified in the area of criminal trial law by the Florida Bar. Board certification in criminal trial law is held by less than 1% of attorneys in the state of Florida. This important distinction requires a showing of the substantial practice of criminal law along with proof of jury trial experience in this specialty area. This certification allows E.J. Hubbs to be considered an “expert” or "specialist" in the field of criminal trial law.
Hubbs Law represents clients throughout Miami-Dade County, including Miami, Doral, Miami Beach, Cutler Bay, Coral Gables, Miami Gardens, Kendall, Hialeah, and other communities. Call Hubbs Law today at (305) 665-9040
to set up a free consultation with an experienced Marijuana Defense Lawyer in Miami, FL.
Penalties for Concentrated Marijuana Extracts in Miami, FL
Under the Florida Statutes, § 893.003 THC oil is a Schedule I Controlled Substance. Under § 893.13, Possession of THC Oil is a third-degree felony, punishable by a maximum of five years in prison and a fine of up to $5,000.
Drug Trafficking crimes in Miami, FL, can carry even more serious felony penalties.
The penalties for possession of THC oil can range from probation with substance abuse treatment to actual incarceration. Miami-Dade County, however, also offers a drug court program for certain offenders that can assist them in avoiding a conviction or prison time.
A conviction for possession of an concentrated form of cannabis can also result in many other non-criminal related consequences including a suspension of your driver's license. In addition, if you are not a United States citizen, a conviction for Possession of THC Oil will result in you being placed in removal proceedings (deportation) from the U.S.
Possible Defenses for Possession of THC Oil
To prove someone is guilty of possession of THC Oil, the prosecutor must prove beyond a reasonable doubt that:
- A person knowingly possessed a substance; and
- The substance was THC Oil or another concentrated form of marijuana.
You make have legal defenses to the charge of Possession of THC oil. Possible defenses include:
- Lack of Knowledge of Possession of THC Oil;
- Problems with proving Constructive Possession;
- The Substance Possessed is Not THC Oil;
- Lack of Knowledge of the Illicit Nature of the Substance;
- Motion to Suppress the THC Oil based on an Illegal Seizure;
- Motion to Suppress the THC Oil based on an Illegal Search; and
- Motion to Suppress Statements regarding the THC Oil.
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Florida Statutes, Title XLVI, Chapter 893, § 893.13 - Visit the website of Florida’s State Legislature to find out more about laws and penalties related to possession of THC oil. Florida’s State Legislature provides all of Florida’s drug laws and their penalties. Find information on related drug charges prosecuted throughout the state of Florida.
Miami-Dade County Drug Court (MDDC) - Visit the website of the Miami-Dade County Drug Court to find out more about the first drug court in the U.S. MDCC serves as a treatment program for Drug Court defendants. Also, find more details on court operations, links for resources, services, and other useful documents.
Narcotics Unit of the Miami Police Department - Visit the website of Miami Police Department's Narcotics Unit to find more information about drug crimes and their penalties. The Narcotics Unit regularly targets drug possession, including Possession of THC Oil. Also, find information on frequently prosecuted drug crimes in Miami, FL.
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Find an Attorney for Possession of THC Oil in Miami, FL
If you were arrested for Possession of THC Oil, or for any other drug charge in Miami, Florida, contact Hubbs Law today. Your initial consultation is free if you have any pending charges or are under investigation for a criminal offense involved marijuana.
Let an experienced criminal defense attorney, E.J. Hubbs, guide you through the process. He will analyze the facts of your particular case and be able to inform you of strengths and weaknesses of your case.
Depending on the facts of your case, you have possible legal defenses or motion issues. In addition, E.J. has tried over 50 jury trials to verdict and is always capable of going to trial.
Call Hubbs Law at (305) 665-9040
to schedule your free consultation today.
This article was last updated on Friday, May 19, 2017.