Fill Form 2220 Reduced 2023-2024

Music. Hi, this is Mike Haver. Thanks for asking me. 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, it is not considered man-made. On the other hand, resins, whether in the form of ink, oil, dabs, wax, or whatever you want to call them, are man-made, although they come from a plant. Marijuana resins are almost always designed to be significantly more potent than any natural marijuana plant could ever be. In Florida, possession of under 20 grams of marijuana in plant form is a misdemeanor, yet possession of any amount of resin is generally treated as a felony. The way that the laws are applied is clear, but the law itself, as of today, FS 893 point 13, does not identify THC resins specifically as a controlled substance in Florida. Therefore, there is no statutory distinction between marijuana and resin. However, our Florida standard jury instructions do differentiate THC resins, specifically excluding them from any and all marijuana instructions. Thus, there is a 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 to a more manageable misdemeanor, thereby reducing your exposure from 5 years in prison and a $5,000 fine to a mere 364 days and a $1,000 fine. Just hire the right lawyer, and you'll likely get the best result. By the way, never forget to question how it was in the first place that the cops came upon your cartridge. There may well be a Fourth Amendment challenge in your case for an illegal search and seizure. That said,...