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).
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