Florida Marijuana THC Possession Laws: Felony vs. Misdemeanor

Facing Marijuana THC Possession Charges in Florida? Here’s What You Need to Know

A simple mistake regarding marijuana THC possession can have serious consequences in Florida. Many people believe marijuana is decriminalized. However, the law treats different forms of cannabis drastically differently. Understanding these distinctions is crucial. They can mean the difference between a misdemeanor and a felony, especially for concentrated THC in products like oils, waxes, and edibles.

The Brancato Law Firm, P.A. defends clients facing marijuana-related charges in Tampa, Hillsborough, Pasco, and Pinellas counties.

What Exactly is Marijuana THC Possession Under Florida Law?

Florida law creates a critical divide between cannabis flower and THC concentrates. This distinction carries significant legal weight.

• Cannabis Flower (Bud): Possessing less than 20 grams of marijuana flower is generally a first-degree misdemeanor. A conviction can result in up to one year in jail and a $1,000 fine.
• THC Concentrates (Oil, Wax, Shatter, Edibles): Florida classifies any amount of THC in a concentrated form as a Schedule I controlled substance under § 893.03(1)(c)(190). The law treats this as a third-degree felony under § 893.13(6)(a) of the Florida Statutes.

This means that possessing even a small amount of THC in a vape cartridge or a single gummy could lead to a felony charge. A conviction is punishable by up to five years in prison.

Why Does the Form of THC Matter So Much?

The key legal issue is how Florida law treats delta-9 tetrahydrocannabinol (THC) after someone extracts and concentrates it from the plant. This creates a dangerous legal situation for many people. This includes young people, college students, and first-time offenders who may not realize they are committing a felony. Even if you legally purchased THC products in another state, you can face severe penalties for possessing them in Florida.

How We Defend Against Marijuana Charges

With over 25 years of experience and more than 100 jury trials, Attorney Rocky Brancato has the knowledge and skill to effectively fight your marijuana THC possession charge. Our defense strategies include:

• Scrutinizing the Search and Seizure: Many THC-related arrests start with a questionable traffic stop or an illegal search. We will meticulously examine the details of your case to ensure police did not violate your constitutional rights.
• Challenging the Substance Identification: The prosecution must prove the substance is illegal THC. They must show it is not a legal substance like CBD or hemp-derived cannabinoids, which federal law protects. We will challenge the lab results and the chain of custody.
• Arguing for Pre-Trial Diversion or Dismissal: We can often negotiate for first-time offenders to enter a pre-trial diversion program. This can lead to the court dismissing the charges. In some cases, we can argue for an outright dismissal based on weaknesses in the prosecution’s case.
• Filing Motions to Suppress or Reduce Charges: We will file motions to suppress any evidence that police obtained illegally. We can also work to reduce a felony THC charge to a misdemeanor cannabis charge, or even get the court to throw out the case entirely.

Don’t Let a Marijuana THC Possession Charge Define Your Future

An arrest for marijuana THC possession can have a lasting impact on your life. At The Brancato Law Firm, P.A., we understand the stakes. We dedicate ourselves to navigating the complexities of the local courts. We will build a strong defense that protects not just your case, but your future.

If you have been arrested for marijuana THC possession, it is crucial to seek experienced legal representation immediately. Call us today at (813) 727-7159 or visit brancatolawfirm.com to schedule a confidential consultation.