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.

With the increasing availability of medical marijuana and products like Delta-8 and CBD in Florida, many Tampa Bay residents are unsure about driving laws. A common and dangerous misconception is that driving after using cannabis products is legal. However, in reality, driving while impaired by marijuana or THC in Florida, regardless of whether it was legally prescribed or purchased, can result in serious DUI charges.

If you’re facing a marijuana DUI charge in Tampa or Hillsborough County, you need experienced legal help immediately. At The Brancato Law Firm, P.A., we specialize in defending clients against unfair and exaggerated marijuana DUI prosecutions in the Tampa Bay area. Here’s a breakdown of what you need to know about marijuana DUIs in Florida.

Florida DUI Law Covers Marijuana and THC Products

Under Florida Statute 316.193, it is illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, controlled substances, or chemical substances, to the extent that your normal faculties are impaired.

Importantly, marijuana – including Delta-9 THC, Delta-8 THC, and medical marijuana – is considered a controlled substance under Florida law. Consequently, impairment from these substances can lead to a DUI conviction in Tampa, just like impairment from alcohol.

How Tampa Police Investigate Marijuana DUI Cases

Unlike alcohol DUIs, where officers often use breathalyzers to measure BAC, proving marijuana impairment is more complex. Tampa law enforcement and Hillsborough County deputies rely heavily on several factors during a marijuana DUI investigation.

Officer Observations

Police look for visible signs like bloodshot or glassy eyes, the odor of cannabis, difficulty with motor skills, or slow reaction times.

Field Sobriety Exercises (FSEs)

Officers ask drivers to perform standardized tasks such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test.

Driver Statements

Police ask questions that might lead a driver to admit recent marijuana or THC product use.

Vehicle Searches

Officers may search the vehicle for physical evidence like edibles, vape pens, or cannabis flower.

Chemical Tests

Authorities request urine or blood tests to detect the presence of THC metabolites in your system.

Challenges in Proving Marijuana Impairment in Tampa DUI Cases

Marijuana DUI cases, particularly those investigated in Tampa and Hillsborough County, are often highly defensible. Several factors make them challenging for the prosecution to prove beyond a reasonable doubt.

Presence vs. Actual Impairment

THC metabolites can linger in your system for days or even weeks after use, long after any intoxicating effects have worn off. Therefore, a positive test doesn’t automatically mean you were impaired while driving.

Lack of a Scientific “Legal Limit”

Unlike alcohol, there is no widely accepted “legal limit” for THC in the blood that definitively proves impairment across all individuals. As a result, prosecutors often struggle to present clear scientific evidence of impairment based solely on THC levels.

Unreliable Field Tests for Cannabis

Standard field sobriety exercises were designed to detect alcohol impairment and are often poor indicators of marijuana impairment. Furthermore, performance on these tests can be affected by many factors unrelated to cannabis use.

Subjective Officer Opinions

Much of the prosecution’s case often rests on the arresting officer’s subjective opinion of impairment rather than objective scientific proof. This subjective interpretation can be challenged in court.

In summary, the evidence presented by the state in many Tampa marijuana DUI cases is based on these subjective and often unreliable factors, rather than true proof of driving impairment at the time of the stop.

Medical Marijuana and DUI in Florida

Holding a valid medical marijuana card in Florida does not provide immunity from DUI charges. Even if you are legally using medical marijuana, you can still be arrested for DUI if a Tampa police officer or Hillsborough deputy believes your ability to drive was impaired by it. However, having a card can be a factor in your defense, allowing your attorney to argue medical necessity and challenge claims of impairment based on your lawful use.

Delta-8, Delta-9, and DUI in the Tampa Bay Area

Delta-8 THC is a cannabinoid derived from hemp and is currently sold legally in Florida under specific conditions. Despite its legal status, you are not immune from DUI charges if you drive while impaired by Delta-8.

• Delta-8 can cause intoxication and impair driving ability, especially at higher doses.
• Law enforcement officers are trained to recognize impairment from Delta-8 and treat it the same as impairment from Delta-9 THC.
• Using Delta-8 can lead to DUI charges in Tampa if officers believe you were impaired while driving, even though you purchased the product legally. Ultimately, the focus is on impairment, not necessarily the legality of the substance’s origin.

Penalties for Marijuana DUI in Florida

A conviction for marijuana DUI in Florida carries the same serious penalties as an alcohol DUI conviction. For a first offense in Tampa:

• Up to 6 months in the Hillsborough County jail
• Fines between $500 and $1,000
• Driver’s license suspension for 6 to 12 months
• Mandatory DUI school and substance abuse evaluation
• Up to 12 months of probation
• Mandatory vehicle impoundment
• Potential installation of an ignition interlock device if aggravating factors are present.

Keep in mind that subsequent offenses or DUI cases involving serious injury result in significantly harsher penalties, including potential prison time.

Proven Defenses Against Tampa Marijuana DUI Charges

Facing a marijuana DUI charge in Tampa requires a skilled legal defense. At The Brancato Law Firm, P.A., we build aggressive defense strategies tailored to the unique circumstances of your case.

Examples of potential defenses include:

• Challenging the lawful basis for the initial traffic stop.
• Attacking the administration and reliability of the field sobriety exercises.
• Arguing the lack of scientific evidence of actual impairment at the time of driving.
• Questioning the procedures used during urine or blood testing.
• Filing motions to suppress evidence obtained through illegal searches or statements.
• Consulting with forensic toxicologists to refute the state’s claims about impairment levels.

Every marijuana DUI case in Tampa is unique. Therefore, a thorough and aggressive defense strategy can make a crucial difference in the outcome.

Why Early Legal Help Matters in Tampa DUI Cases

Marijuana DUI cases are technically complex and depend heavily on specific evidence. Thus, the sooner you retain an experienced Tampa DUI attorney, the sooner we can take critical steps to protect your rights.

Early legal action allows us to:

• Demand the preservation of police body camera and dash camera footage.
• Challenge the administrative suspension of your driver’s license.
• Arrange for expert analysis of any chemical test results.
• Begin strategic negotiations with the prosecution or prepare your case for trial.

Waiting can mean missed opportunities to build the strongest possible defense.

Charged With Marijuana DUI in Tampa? Contact Our Firm Today.

If you have been arrested or charged with DUI involving marijuana or THC products in Tampa, Hillsborough County, or the surrounding Tampa Bay area, do not wait to seek legal counsel.

Contact The Brancato Law Firm, P.A. today for a confidential case evaluation. Call (813) 727-7159 or complete our online form.

We understand the complexities of challenging marijuana DUI prosecutions in Florida and the Tampa court system. We are ready to fight for your future and help you pursue the best possible outcome.

Campbell v. State, No. 2D2023-0651 (Fla. 2d DCA Mar. 26, 2025)

On March 26, 2025, Florida’s Second District Court of Appeal issued a ruling that could reshape cannabis prosecutions throughout the state. In Campbell v. State, the court reversed a major trafficking conviction from Hillsborough County—not because the defendant proved the substance was legal hemp, but because the State failed to prove it wasn’t.

This decision highlights a critical shift in Florida drug law: after hemp legalization, prosecutors can no longer rely on what something looks like or smells like. They need laboratory proof. A Tampa Drug Crimes Attorney can help you if you get arrested for lawful hemp.

Hemp vs. Illegal Cannabis: The Legal Distinction

The 2018 Federal Farm Bill and Florida’s State Hemp Program legalized hemp—defined as cannabis containing 0.3% THC or less. Because hemp and marijuana are visually and aromatically identical, the only way to distinguish them is through laboratory testing.

What Happened in the Campbell Case

In July 2022, Tampa International Airport police flagged a flight arriving from Denver, Colorado. A K-9 unit alerted to two large duffle bags, which Pryce Campbell later claimed at baggage claim. Officers seized the bags pending a warrant.

Inside, police found fifty vacuum-sealed bundles of a green, leafy substance—over 60 pounds total. The Florida Department of Law Enforcement (FDLE) tested only one of the fifty bundles, confirming the presence of cannabis. Based on the combined weight of all bundles, the State charged Campbell with trafficking cannabis between 25 and 2,000 pounds—a first-degree felony.

How the Defendant’s Testimony Changed Everything

At trial, Campbell testified that he believed the bundles contained hemp, not marijuana. He explained that he purchased them in Oregon for $50 per bundle—significantly lower than the street value of illegal cannabis, which would have been approximately $1,000 per bundle.

This testimony raised a critical question: if the substance was illegal marijuana worth $50,000 on the street, why would Campbell pay only $2,500 for it?

Campbell’s testimony accomplished something crucial. By offering a credible alternative explanation—legal hemp purchased at hemp prices from a hemp-legal state—he forced the State to prove the substance was illegal cannabis. And here’s where the State’s case collapsed.

The Court’s Analysis

The Second DCA reversed the trafficking conviction and remanded for a reduced conviction based solely on the single tested sample. Campbell’s case was sent back for resentencing on the lesser charge.

What This Means for Cannabis Cases in Florida

Campbell establishes several critical principles that apply to cannabis prosecutions throughout Florida:

1. Visual and Smell Evidence Is No Longer Enough: After hemp legalization, prosecutors cannot prove illegal cannabis based on appearance, odor, or K-9 alerts alone.
2. Chemical Testing Is Required: The State must verify THC content exceeds 0.3% through laboratory analysis to prove the substance is illegal.
3. Trafficking Charges Require Testing the Full Quantity: When weight determines the charge level, testing a sample isn’t sufficient—the State must prove the entire quantity is illegal.
4. Defendant Testimony Can Shift the Burden: By raising a credible hemp defense—supported by facts like price and origin—defendants can force prosecutors to prove illegality through testing.

Frequently Asked Questions

Can police still arrest me based on the smell of cannabis?

Yes—police can still make arrests based on probable cause, including odor. However, Campbell makes clear that prosecutors cannot convict based on smell alone. They must prove through chemical testing that the THC content exceeds 0.3%.

Does this case apply to simple possession charges?

Yes. While Campbell involved trafficking, the underlying principle applies to any cannabis charge: the State must prove the substance is illegal cannabis (>0.3% THC), not legal hemp. However, the testing requirement becomes most critical in trafficking cases where weight determines severity.

What if my case involved cannabis shipped from a state where it’s legal?

Origin from a legal state strengthens a hemp defense. As Campbell demonstrated, purchasing cannabis products from states with legal hemp programs—at prices consistent with hemp—supports the argument that the substance was legal. However, marijuana remains illegal in Florida regardless of where it originated.

Should I testify in my cannabis case?

That depends entirely on the facts of your case. Campbell’s testimony was effective because it was credible, consistent with the evidence (low price, legal origin state), and raised a specific legal defense. However, testifying always carries risks. This decision requires careful strategic analysis with your attorney.

Facing Cannabis Charges in Tampa?

Hemp legalization changed Florida drug law fundamentally. Prosecutors who rely on outdated methods—visual identification, odor, K-9 alerts—may not be able to sustain convictions when defendants demand scientific proof.

I’m Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients facing drug charges throughout Tampa Bay. If you’re facing cannabis trafficking, possession, or other drug charges, I can evaluate whether the State has the chemical evidence necessary to prove their case—and whether a hemp defense applies to your situation.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Polk.

Case Citation: Pryce M. Campbell, III v. State of Florida, No. 2D2023-0651 (Fla. 2d DCA Mar. 26, 2025). See also 2018 Federal Farm Bill (Agricultural Improvement Act of 2018); Florida State Hemp Program (§581.217, Fla. Stat.).

Medical Marijuana and DUI in Florida

Although medical marijuana is lawful for qualified patients, Florida law still classifies it as a controlled substance. If a driver’s normal faculties are impaired due to marijuana use, they can face DUI charges. The same applies to Delta-8 THC, a hemp-derived compound that can cause impairment.

Just as it is legal for an adult over 21 to consume alcohol, and just as it is legal for a medical marijuana cardholder to ingest cannabis, it is still illegal to drive while impaired by these substances. If alcohol, marijuana, or another drug affects a driver’s ability to safely operate a vehicle, a DUI charge may follow.

Defenses to a Marijuana DUI Charge

Although prosecutors may attempt to prove impairment, several legal defenses exist for marijuana-related DUI charges:

• Not Impaired at the Time of Driving: Marijuana can remain in the body for up to 30 days, so a positive test does not necessarily mean the driver was impaired when operating the vehicle.
• Challenging Blood or Urine Test Results: Test results can be unreliable due to improper calibration, contamination, or chain-of-custody errors.
• Challenging Field Sobriety Tests: Many individuals have medical conditions that impact their performance, or officers may conduct tests in poor environmental conditions.
• Suppressing Evidence After an Unlawful Stop: If law enforcement lacks reasonable suspicion for a traffic stop, evidence collected may be inadmissible in court.
• Expert Witness Testimony: Toxicologists and pharmacologists can testify about the limitations of marijuana testing and whether impairment was actually present.

Why Proving Marijuana DUI Is More Difficult

Unlike alcohol, where a 0.08% BAC is a clear impairment threshold, proving marijuana impairment is more complex. Marijuana stays in the system for up to 30 days, meaning a positive test does not necessarily indicate impairment at the time of driving. Prosecutors must show that the driver was actively impaired while operating the vehicle, not just that marijuana was present in their system.

Common Evidence in Marijuana DUI Cases

• Odor of Burnt Marijuana: The smell of marijuana can indicate recent use and may be used as evidence by officers.
• Erratic Driving Patterns: Weaving, slow reactions, or other unusual driving behaviors can suggest impairment.
• Field Sobriety Tests: Officers assess balance, coordination, and cognitive ability to determine impairment.
• Blood or Urine Tests: Although a positive test alone does not prove impairment, it can support a DUI case when combined with other evidence.

DUI Testing and Refusal Penalties

Florida Statute, 316.1932  allows police officers to request chemical tests to determine impairment:

Penalties for a DUI Conviction

DUI penalties apply regardless of whether the impairment comes from alcohol, marijuana, or another drug.

First DUI Conviction (Fla. Stat. § 316.193(2)(a)1.)

• Fine: $500 – $1,000
• Jail Time: Up to 6 months
• License Suspension: Minimum 180 days
• Probation: Up to 1 year
• Community Service: Minimum 50 hours
• Vehicle Impoundment: 10 days
• DUI Education Program: Mandatory

Second DUI Conviction (Fla. Stat. § 316.193(2)(a)2.)

• Fine: $1,000 – $2,000
• Jail Time: Up to 9 months
• License Suspension: Minimum 5 years (if within 5 years of the first conviction)
• Ignition Interlock Device: Required for at least 1 year
• Vehicle Impoundment: 30 days

Third DUI Conviction (Within 10 Years) (Fla. Stat. § 316.193(2)(b)1.)

• Felony charge (third-degree felony)
• Fine: $2,000 – $5,000
• Jail Time: Up to 5 years
• License Revocation: Minimum 10 years
• Ignition Interlock Device: Required for at least 2 years
• Vehicle Impoundment: 90 days

Fourth or Subsequent DUI Convictions (Fla. Stat. § 316.193(2)(b)3.)

• Felony charge (third-degree felony)
• Fine: Minimum $2,000
• Jail Time: Up to 5 years
• Permanent License Revocation
• Ignition Interlock Device: Required for at least 2 years

Common Misconceptions About Marijuana DUI

By 2025, the scent of marijuana and hemp smoke is common on Florida roads. Many drivers mistakenly believe that because medical marijuana is legal, they cannot face DUI charges. However, Florida law prohibits driving under the influence of any substance that impairs normal faculties—including legally obtained medical marijuana.

What to Do If You Face DUI Charges in Tampa Bay

If police arrest you for a DUI in Tampa Bay, your actions after the arrest can significantly impact your case. Follow these steps:

• Remain Calm: Do not resist arrest or argue with officers.
• Invoke Your Right to Remain Silent: Anything you say can be used against you.
• Request a Lawyer Immediately: Insist on speaking with an attorney before answering questions.

Contact an Experienced Tampa DUI/Medical Marijuana Lawyer Today

If you are facing DUI charges in Tampa, Hillsborough County, or the Tampa Bay area, securing experienced legal representation is critical. Brancato Law Firm, P.A. has extensive experience handling DUI cases and is familiar with local judges, prosecutors, and courts—giving our clients a strategic advantage. Check out our Tampa DUI Lawyer page and our Tampa Drug Crimes Lawyer page.

Contact Brancato Law Firm, P.A. today to discuss your case and build a strong defense.

Call (813) 727-7159 to schedule your consultation and protect your future.

Frequently Asked Questions About Medical Marijuana DUI in Florida

Can I get a DUI for using medical marijuana in Florida?

Yes. Even though medical marijuana is legal for qualified patients, Florida Statute 316.193 makes it illegal to drive while impaired by any controlled substance. This includes marijuana and Delta-8 THC. A driver can be charged if their normal faculties are impaired, even if the marijuana was legally obtained through a prescription.

Is medical marijuana still considered a controlled substance under Florida law?

Yes. Florida continues to classify marijuana as a controlled substance. While you may have a valid medical marijuana card, it does not exempt you from DUI prosecution if the state claims that your ability to drive was impaired by cannabis.

How does Florida prove a marijuana DUI?

Prosecutors must show that your ability to drive safely was impaired at the time you were operating the vehicle. Evidence may include the odor of burnt marijuana, erratic driving, field sobriety test results, or blood and urine test results. However, a positive test alone is not enough to prove impairment since THC can remain in the body for up to 30 days.

What are the penalties for a marijuana DUI in Florida?

The penalties are the same as alcohol-related DUIs:

• First offense: Fines between $500 and $1,000, up to 6 months in jail, and license suspension for at least 180 days.
• Second offense: Fines between $1,000 and $2,000, up to 9 months in jail, and a possible 5-year license suspension.
• Third offense (within 10 years): Third-degree felony with up to 5 years in prison and a 10-year revocation.
• Fourth or subsequent offense: Third-degree felony with up to 5 years in prison and permanent license revocation.

What are the common defenses to a marijuana DUI charge?

1. Lack of impairment at the time of driving

THC can linger long after the effects have worn off, so a positive test does not automatically prove impairment.

2. Faulty or unreliable testing

Blood or urine tests can be flawed due to improper calibration, contamination, or chain-of-custody errors.

3. Invalid field sobriety tests

Medical conditions, poor lighting, or uneven ground can make these tests unreliable indicators of impairment.

4. Unlawful traffic stop

If police lacked reasonable suspicion to pull you over, your attorney can move to suppress all evidence that followed.

5. Expert testimony

Toxicologists and pharmacologists can explain the limits of marijuana testing and challenge assumptions about impairment.

What happens if I refuse a breath, blood, or urine test?

Under Florida Statute 316.1932, refusing a lawful test can result in harsh penalties:

• First refusal: One-year license suspension.
• Second refusal: Eighteen-month suspension and a separate misdemeanor charge.
• Blood test refusal: May still be taken if you are unconscious or receiving medical care and suspected of impairment.

Is it harder for prosecutors to prove marijuana DUI than alcohol DUI?

Yes. Alcohol impairment is measured by a clear 0.08% BAC threshold. No such standard exists for marijuana. Because THC remains in the bloodstream long after use, prosecutors must rely on circumstantial evidence, officer observations, and expert opinions to show impairment at the time of driving.

What kind of evidence do police use in marijuana DUI cases?

Officers often rely on:

• Odor of marijuana or burnt cannabis
• Unusual driving patterns such as weaving or slow reactions
• Field sobriety test results
• Blood or urine test results
• Officer observations of red eyes or slowed speech

Each of these forms of evidence can be challenged by an experienced defense attorney.

What are the biggest misconceptions about marijuana DUI?

Many drivers believe that holding a medical marijuana card protects them from DUI charges. That is false. Florida law prohibits driving under the influence of any substance that affects normal faculties—whether legal or not. Even legally prescribed medication or hemp-derived Delta-8 can lead to a DUI if impairment is alleged.

What should I do if I am arrested for a marijuana DUI in Tampa?

1. Stay calm and cooperate. Do not argue or resist.
2. Exercise your right to remain silent. Avoid making statements about what you used or when.
3. Request an attorney immediately. Do not answer further questions until you speak with a lawyer.