Many people are familiar with the cannabis plant, but tetrahydrocannabinol (THC)—the primary euphoric chemical in marijuana—has been increasingly extracted in recent years to produce concentrates, which can often be far more potent than the dried leaves product most people are accustomed to. THC concentrates come in various forms (powder, liquid, or glob-like masses commonly referred to as ”budder”) and go by many different street names, such as “shatter,” “wax," or "butane hash oil (BHO).”
Cannabis concentrates are frequently thought of as being marijuana products, but the criminal penalties associated with THC concentrates can often be much steeper than similar offenses involving basic pot. Whereas simple possession of marijuana is a misdemeanor offense, possession of any amount of a THC concentrate will result in felony charges.Attorney for THC Concentrates Arrests in Miami-Dade County, FL
Were you recently arrested in South Florida for an alleged crime involving a cannabis concentrate? Make sure to exercise your right to remain silent until you have legal counsel. Contact The Hoffman Firm as soon as possible.
Miami criminal defense lawyer Evan A. Hoffman defends clients accused of marijuana offenses in North Miami, Aventura, South Miami, Key Biscayne, Coral Gables, Hialeah, Opa-Locka, Miami, and many other nearby areas in Miami-Dade County.
You can have our attorney provide a complete evaluation of your case as soon as you call (305) 249-0090 to schedule a free, confidential consultation.
Overview of THC Concentrates Crimes in North Miami
- What criminal charges can a person face for a cannabis concentrate crime?
- How long can an alleged offender be sentenced to prison if convicted?
- Where can I find more information about THC concentrates in Miami-Dade County?
Florida THC Concentrates Charges
Cannabis is classified as a Schedule I controlled substance under the Florida Comprehensive Drug Abuse Prevention and Control Act (Chapter 893 of the Florida Statutes). Despite this designation, certain marijuana offenses result in lesser charges than are typically applicable for Schedule I controlled substances.
THC concentrates are not subject to the same exceptions though. In most cases, possession of a cannabis concentrate is a third-degree felony. If an alleged offender 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, however, he or she can be charged with a second-degree felony:
- A public housing facility;
- A child care facility between the hours of 6 a.m. and 12 midnight;
- A public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 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 for 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”).
THC Concentrates Penalties in Miami-Dade County
A third-degree felony cannabis concentrate offense is punishable by a sentence of up to five years in prison and a fine of up to $5,000. When a person is charged with a second-degree felony, a conviction can result in up to 15 years in prison and fine of up to $10,000.
People accused of these crimes may be able to utilize any one of a number of defenses to attempt to reduce or dismiss the criminal charges. Depending on the circumstances relating to a person's particular case, some defenses might include:
- Illegal search and seizure;
- Constructive possession issues (concentrate belonged to another party);
- Legal prescription for concentrate;
- Alleged controlled substance was not actually a THC concentrate; or
- Lack of evidence.
Florida THC Concentrates Resources
What You Should Know About Marijuana Concentrates | Drug Enforcement Administration (DEA) — View a DEA pamphlet about marijuana concentrates (also known as THC extractions). The pamphlet discusses what a marijuana concentrate is, how it can be abused, and that the effects are on users. The pamphlet also provides information about the butane extraction process as it relates to manufacturing marijuana concentrates.
Industry Snapshot: Concentrates | Marijuana Business Magazine — Marijuana Business Magazine is a printed trade magazine covering the cannabis industry. In this May 2016 article, you can learn more about data, trends, and challenges relating to THC concentrates. The article states, "Given the boom in popularity of concentrates in recent years, there’s been a natural increase in both the number of producers and the profits involved."
If you were arrested for a marijuana concentrate crime in South Florida, it will be in your best interest to immediately seek legal representation. The Hoffman Firm represents individuals in communities all over the greater Miami-Dade County area, such as Homestead, Hialeah, Doral, Aventura, North Miami, South Miami, Key Biscayne, Miami Beach, Coral Gables, and many others.
Evan A. Hoffman is an experienced criminal defense attorney in Miami who will work tirelessly to help you achieve the most favorable resolution to your case that results in the fewest possible consequences. Call (305) 249-0090 or submit an online contact form to have our lawyer review your case and discuss all of your legal options during a free initial consultation.