290) Is Possession of a THC Vape Pen Cartridge a



Is Possession of a THC Vape Pen Cartridge a Felony?

There’s a big difference between marijuana and marijuana resins.

Marijuana is a plant that grows in nature; and while it can be intentionally grown and genetically engineered, still, it’s not “man-made”. On the other hand, resins (call them ink, oil, dabs, wax, shatter, whatever) are all man-made substances, albeit, from a plant – and marijuana resins are almost always designed to be significantly more potent than any marijuana plant could ever be in nature.

In Florida possession of under 20 grams marijuana (in plant form) is a misdemeanor, yet possession of any amount of resin is generally treated as a felony. The WAY that the law is applied is clear, but the law itself- at present anyhow – is not.

Without getting too technical, as of today (and I’m sure this’ll change) FS 893.13, the statute that designates marijuana as a controlled substance, doesn’t identify THC resins at all, and so there’s no statutory distinction between marijuana and THC resins. However, FL’s standard jury instructions do differentiate between the two, THC resins presently being specifically excluded from any and all marijuana instructions, thus the different treatment by cops and prosecutors.

Setting these technical issues aside, a clever defense attorney may be able to get your THC resin charge dropped from a felony down to a more manageable misdemeanor (and thereby reduce your exposure from 5 years and a $5,000.00 fine to 364 days and a $1,000.00 fine), and so if you hire the right lawyer then you’ll likely get the best result.

(By the way… never forget to question how it was that the cops came upon your cartridge in the first place. There may will be a 4th Amendment challenge to the search and seizure).

Thank you for your question. I appreciate your having asked it. Please remember that at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220

South Florida Criminal Defense Attorney


E-Mail: Sharky910@aol.com / MAH@HaberPA.com
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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