Pumphrey Law Criminal Defense Marijuana Charges THC Concentrates

THC Concentrates

The chemical in cannabis that has the greatest psychoactive effect on the human brain is tetrahydrocannabinol (THC). Marijuana concentrates are high-THC resin extracted from cannabis, which will be referred to as “THC concentrates” throughout this page.

THC concentrates are mostly known by their street names like butane hash oil (BHO), “wax,” “shatter,” or “budder.” THC concentrates have become increasingly popular in Florida and across the country due to the massive growth of vaporizers, e-cigarettes, and “dabbing” (vaporizing concentrated marijuana).

While some users may not see the difference between actual cannabis and THC concentrates, it is important to understand that criminal offenses involving possession of BHO, or any other form of THC concentrates are subject to much more stringent penalties than common marijuana offenses. Unlike many cannabis crimes where the possession of 20 grams or less is charged as a misdemeanor offense, possession of any amount of a THC concentrate in Florida constitutes a felony offense.

Lawyer for THC Concentrates Arrests in Tallahassee, FL

If you have been arrested for allegedly possessing any form of marijuana concentrate in North Florida, it is in your best interest to quickly seek legal representation. Unlike marijuana flower that is measured by its weight and quantity, any amount of THC concentrate found in your possession can result in being charged with a felony. These types of cases require legal expertise and knowledge regarding Florida’s complicated marijuana laws. Don Pumphrey and his Tallahassee criminal defense team have years of combined experience fighting all types of drug charges.

You can have our lawyers provide a complete evaluation of your case when you call (850) 681-7777 to receive a free initial consultation. Pumphrey Law Firm defends clients accused of all types of marijuana crimes in communities throughout Leon County, Wakulla County, Liberty County, Jefferson County, and Gadsden County.

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Leon County THC Concentrates Information Center

• What is THC?
• What is a THC Concentrate and How is it Made?
• How are THC concentrate crimes classified?
• What are the Penalties for Conviction?
• Defenses to a THC Concentrate Charge
• Where can I find more information about THC concentrates in Tallahassee?

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What is THC?

The plant Cannabis sativa produces various bioactive compounds such as terpenes, flavonoids, and cannabinoids. The two most common and most researched compounds include cannabidiol (CBD) and delta-9-tetrahydrocannabinol (THC).

Therefore, the Cannabis sativa plant produces THC which is the main ingredient in marijuana that causes a psychoactive effect. When marijuana is ingested by smoking, THC passes through the person’s lungs and into their bloodstream. From there the chemicals are carried to the brain and attach themselves to a person’s nerve cells. The cannabinoid receptors that are in the brain can influence the following:

• Memory;
• Thought;
• Concentration;
• Sensory/time perception; and

The DEA identified that the THC within marijuana can impact a person’s perception and coordination to the extent of impaired learning, associative process, and psychomotor behavior (like driving). However, there is also extensive research on the positive effects of THC for mood lifting and for medicinal purposes.

While it can vary from person to person, the following lists the potential physiological, psychological, and behavioral effects caused by THC:

• Dizziness, nausea, facial flushing, dry mouth, and tremors;
• Merriment, happiness, exhilaration;
• Disinhibition, relaxation, increased sociability;
• Enhanced sensory perception, heightened imagination;
• Time distortion;
• Illusions, delusions, and hallucinations;
• Impaired judgement, reduced coordination, and risk-taking behavior;
• Emotional liability, paranoia, confusion;
• Anxiety, panic attacks;
• Increased appetite; and
• Short-term memory loss.

The short-term physical effects of ingesting marijuana and THC can include the following:

• Sedation;
• Bloodshot eyes;
• Increased heart rate; and
• Increased blood pressure.

What is a THC Concentrate and How is it Made?

When the cannabinoids and terpenes are removed from the cannabis plant to create another product, it is considered a THC concentrate. Also referred to as a marijuana concentrate or a THC extraction, the term “concentrate” is broad as it refers to all products that have been extracted from the plant.

It essentially means the parts of the plant containing the highest amounts of THC have been removed to create a “macrodose.” A concentrate will contain much higher levels of THC, ranging from 40-80%. This can be up to four times higher than the THC found in a marijuana flower.  

THC concentrates are made in a multitude of ways, including:

• Dry processing;
• Dry ice processing;
• Water-based processing;
• Combining pressure with heat;
• Using nonflammable carbon dioxide solvents;
• Using flammable solvents such as butane, propane, ether, or alcohol.

Once a THC concentration has been made, the final product will look like honey or butter, as a gooey liquid wax, a soft solid with a lip balm-like texture, or as an amber-colored solid. THC concentrates are typically consumed through a vape, or as hash oil and wax that is heated and inhaled through a dabbing tool or “rig.”

The most common street names for THC concentrates include the following:

• Butane Hash Oil (BHO)
• 710 (Oil spelled backwards);
• E-cigs;
• E-hookahs;
• Mods;
• Vape pens;
• Shatter;
• Wax;
• Budder;
• Tank systems

Criminal Charges Related to THC Concentrates in Florida

The criminal charges for Possession of a Controlled Substance offenses are established under Florida Statute Section 893.13.

Cannabis is defined under Florida Statute Section 893.02(3) as “all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.”

Florida Statute Section 893.13(6)(b) typically makes possession of 20 grams or less of cannabis a first-degree misdemeanor. However, a person found in possession of any amount of marijuana (THC) concentrate is considered a felony offense.

A defendant accused of being in the actual or constructive possession of THC concentrates or hash faces a third-degree felony.

A defendant accused of selling, manufacturing, delivering, or possessing with the intent to sell THC concentrates faces a third-degree felony. The crime becomes a second-degree felony if the defendant is accused of selling or delivering a marijuana concentrate in, on, or within 1,000 feet of any of the following properties:

• 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.”);
• 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 childcare facility between the hours of 6 a.m. and 12 midnight;
• A public housing facility;
• 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”);
• 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”);
• A publicly owned recreational facility;
• A physical place for worship at which a church or religious organization regularly conducts religious services; or
• A state, county, or municipal park.

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Tallahassee THC Concentrates Penalties

The possible sentence for a conviction for a marijuana concentrate offense depends on the grade of alleged crime the alleged offender has been charged with. Convictions for THC concentration possession can be punishable as follows:

• Third-Degree Felony
  Up to five years in prison and fine of up to $5,000; or
• Second-Degree Felony
  Up to 15 years in prison and/or fine of up to $10,000.

Florida’s Criminal Punishment Code ranks the possession of THC concentrates as a Level 3 offense. That means a judge can sentence the defendant to probation or impose the maximum sentence of five years of incarceration.

Florida’s Low THC Law for Medical Patients

When medical marijuana became legalized in Florida in 2014, it included the use of low-THC concentrates for patients with the following qualifying conditions:

• Cancer;
• Muscle spasms;
• Seizures; or
• Terminal illness.

Under Florida Statute Section 381.986(1)(f), low-THC cannabis is defined as “a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol (THC) and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed from a medical marijuana treatment center.”  

So, an individual who possesses a medical marijuana card that is found in possession of a THC concentrate that is considered low-THC cannabis should not be arrested or prosecuted. However, a person who obtains a medical card fraudulently can face a first-degree misdemeanor punishable with up to $1,000 in fines and to one year in jail.

If you’ve been accused of a marijuana-related offense while obtaining a medical card, consult the defense attorneys at Pumphrey Law to review and represent your case.

Defenses to a THC Concentrate Charge

Any accusation of a drug offense in Florida should not be taken lightly. If you have recently been arrested for the unlawful possession of marijuana or a THC concentrate, consider consulting with a defense lawyer. Depending on the circumstances surrounding your case, you may be able to use one of the following defenses to fight against a conviction:

• The defendant was in possession of CBD that contained 0.1% or less of THC;
• The defendant was arrested due to an illegal search and seizure by law enforcement;
• The defendant lacked the knowledge that the substance found in their possession was a THC concentrate;
• The defendant had a medical marijuana card and was within the legal jurisdiction of possessing low-THC; or
• Although the defendant was accused of being in the constructive possession of THC concentrates, they had no knowledge of the substance(s) there due to sharing the space with one or more persons.

Consider hiring defense counsel to represent your case. The lawyers with Pumphrey Law provide free consultations when you fill out our online form.

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Florida THC Concentrates Resources

The following provides helpful resources relating to THC concentrates:

• Butane Hash Oil: The Future of Pot
  View a Miami New Times article discussing concentrates at a time when “BHO use has exploded across Florida and the rest of the nation.” The article sheds immeasurable insight on how THC concentrates are manufactured, consumed, and sold. It also discusses the push to legalize medical cannabis and, thus, THC concentrates.
• The Facts About Marijuana Concentrates | Just Think Twice
  gov is a United States Drug Enforcement Administration (DEA) website. Visit this website to learn what marijuana concentrates are, how concentrates are abused, and how potent concentrates can be. Additional information touches on the effects of using marijuana concentrates.

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Pumphrey Law | Tallahassee THC Concentrates Defense Attorney

Were you or a loved one recently arrested anywhere in North Florida for an alleged criminal offense involving BHO or any other THC concentrate? Do not say anything to authorities without legal counsel. Contact the attorneys with Pumphrey Law Firm as soon as possible.

Don Pumphrey and his criminal defense team in Tallahassee represent individuals across the Florida Panhandle and Big Bend region. This includes Tallahassee, Crawfordville, Bristol, Quincy, Monticello, and more. Call (850) 681-7777 or submit an online contact form to have our Tallahassee criminal defense attorneys review your case and answer all of your legal questions during a free, confidential consultation.

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Page Updated March 19, 2024