Tetrahydrocannabinol (THC) is the active chemical component in cannabis that is responsible for giving users the euphoric "high" feeling associated with marijuana use. THC can be extracted from cannabis plants, and is commonly used to manufacture concentrates—highly potent dried, liquid, or other product forms that go by a variety of street names, including “wax," "butane hash oil (BHO),” “shatter,” or ”budder.”
Because both concentrates and the green plant come from cannabis, some people assume that the criminal penalties associated with THC concentrate possession are the same as those for marijuana crimes in Florida. The truth is that while possession of 20 grams or less of marijuana is a misdemeanor offense in the Sunshine State, possession of any amount of a THC concentrate is a felony offense.Lawyer for THC Concentrates Arrests in Broward County, FL
If you were arrested in South Florida for a crime involving a cannabis concentrate, it is in your best interest to seek legal representation as soon as possible. The Hoffman Firm aggressively defends clients facing all kinds of marijuana charges in Pompano Beach, Hollywood, Cooper City, Miramar, Coral Springs, and many other surrounding areas of Broward County.
Evan A. Hoffman is an experienced criminal defense attorney in Fort Lauderdale who can fight to possibly get your criminal charges reduced or dismissed.
Call (954) 524-4474 today to have our lawyer review your case and answer all of your legal questions during a free initial consultation.
Fort Lauderdale THC Concentrates Crimes Information Center
- How are marijuana concentrate offenses graded?
- What are the consequences of convictions for cannabis concentrate offenses?
- Where can I learn more about THC concentrates in Broward County?
THC Concentrates Charges in Florida
Florida Statute § 893.02(3) defines cannabis as "all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin."
THC concentrates are classified as Schedule I controlled substances in Florida, and possession of a Schedule I controlled substance is a third-degree felony. A person can be charged with a second-degree felony offense, however, if he or she possesses, sells, manufactures, delivers, or possesses with intent to sell, manufacture, or deliver a THC concentrate in, on, or within 1,000 feet of the real property comprising any of the following locations:
- A public housing facility;
- A child care facility between the hours of 6 a.m. and midnight;
- A public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight;
- A public or private college, university, or other postsecondary educational institution;
- A community center (meaning “a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public”);
- A physical place of worship at which a church or religious organization regularly conducts religious services;
- A state, county, or municipal park;
- A publicly owned recreational facility;
- A convenience business (meaning “any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.m. and 5 a.m.”); or
- An assisted living facility (meaning “any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator”).
Broward County THC Concentrates Penalties
As felony offenses, convictions for cannabis concentrate crimes carry very stiff penalties. Depending on how the alleged offense is classified, a person could face either one of the following maximum sentences:
- Third-Degree Felony — Up to five years in prison and fine of up to $5,000; or
- Second-Degree Felony — Up to 15 years in prison and fine of up to $10,000.
An accused may be able to use any one of a number of possible defenses against criminal drug charges, depending on the circumstances. In many drug cases in Florida, a common issue involves illegal search or seizure by law enforcement. In some cases, the drugs involved may have belonged to another party.
THC Concentrates Resources in Florida
Industry Snapshot: Concentrates | Marijuana Business Magazine — Marijuana Business Magazine identifies itself as being "the cannabis industry’s only printed trade magazine." View the full text of a May 2016 article discussing THC concentrates. The article touches on market dynamics, business hurdles, and trends to watch.
What You Should Know About Marijuana Concentrates | Drug Enforcement Administration (DEA) — The DEA's mission is "to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets." View a DEA pamphlet discussing THC extractions (marijuana concentrates). The booklet provides information about the THC extraction process using butane and also includes several street names for concentrates.
Were you recently arrested for a cannabis concentrate crime in Broward County? Do not say anything to authorities until you can first contact The Hoffman Firm.
Fort Lauderdale criminal defense lawyer Evan A. Hoffman represents residents and visitors in numerous communities all over South Florida, such as Lauderhill, Hallandale Beach, Fort Lauderdale, Margate, Dania Beach, and several others.
You can have our attorney provide an honest and thorough evaluation of your case when you call (954) 524-4474 or complete an online contact form to schedule a free, confidential consultation.