The Difference in Criminal Charges for THC Gummies vs. Weed: Insights from Criminal Defense Attorney Josh Davis

When it comes to the difference in criminal charges for those caught with THC gummies versus weed, the consequences can vary greatly. As a criminal defense attorney, Josh Davis has seen cases where individuals caught with THC gummies face more severe charges than those caught with weed.

Although marijuana possession is illegal in Florida, the severity of the charges and potential penalties can vary depending on the amount of marijuana in possession. For instance, possessing less than 20 grams of marijuana is considered a misdemeanor offense, while possessing more than 20 grams can result in felony charges. It’s important to note that any amount of marijuana possession can lead to criminal charges in Florida.

The concentration of THC in each THC gummy can lead to more severe charges in Florida. Any product with more than 0.3% THC is classified as a Schedule I controlled substance, which carries harsher penalties than marijuana possession. This implies that even if an individual is caught with only a few THC gummies, they could face felony charges and the possibility of imprisonment.

As a Florida attorney, Josh Davis is aware of the severe consequences that drug offenses can bring about, including hefty fines, probation, and imprisonment. With his expertise in criminal defense, he is committed to upholding the legal rights of those facing drug charges and ensuring that they are treated equitably under the law.

What is the difference in criminal charges for THC gummies versus weed in Florida, and how can a criminal defense attorney like Josh Davis help?

In Florida, the consequences for possessing THC gummies versus weed can vary greatly. While possessing less than 20 grams of marijuana is considered a misdemeanor offense, possessing more than 0.3% THC in any product, including THC gummies, can result in felony charges and harsher penalties. As a criminal defense attorney with years of experience in Florida’s legal system, Josh Davis can provide expert guidance and representation to those facing drug charges. With his knowledge of the law and commitment to upholding his clients’ legal rights, Josh can help ensure that those facing criminal charges are treated equitably under the law and receive the best possible outcome for their case.

Setting the Stage: Florida’s Cannabis Laws

Florida’s cannabis laws have undergone significant changes in recent years, with the legalization of medical marijuana and ongoing debates about recreational use. As a Florida attorney with experience in cannabis law, Josh Davis is well-versed in the state’s legal landscape and can provide expert guidance to those seeking to navigate it.

A Quick History of Cannabis Legalization in Florida

Florida’s history with cannabis has been a tumultuous one. In the 1930s, the state criminalized cannabis along with other drugs like opium and cocaine, and harsh drug laws remained in place for many years. However, in recent years, the state has undergone a significant shift in its approach to cannabis. In 2014, Florida took its first step towards legalization with the passage of the Compassionate Medical Cannabis Act. This law allowed for the use of low-THC cannabis for medical purposes by patients with qualifying conditions such as cancer, epilepsy, glaucoma, and HIV/AIDS.

The passage of the Compassionate Medical Cannabis Act was a turning point for cannabis advocates in Florida, but it was only the start of a larger movement. In 2016, Florida voters approved Amendment 2, which marked a significant expansion of the state’s medical marijuana program. This amendment allowed patients with qualifying conditions such as Crohn’s disease, Parkinson’s disease, multiple sclerosis, and other debilitating conditions to access full-strength marijuana for medical purposes. The passage of Amendment 2 was a major victory for medical marijuana patients and advocates in Florida, as it expanded access to a wider range of treatments and helped to further normalize medical marijuana use in the state.

The approval of Amendment 2 was a significant milestone for cannabis advocates in Florida, and it marked a major shift in the state’s stance towards cannabis. However, despite these changes, recreational use of marijuana remains illegal in Florida. Nevertheless, there are ongoing efforts to legalize recreational marijuana, with advocates pushing for change and lawmakers considering new legislation. As the legal landscape surrounding cannabis continues to evolve in Florida, Josh Davis is dedicated to helping clients navigate the complex laws and regulations surrounding cannabis and ensuring that they achieve the best possible outcome for their case.

Current Status of Marijuana Laws: Medical vs. Recreational Usage

As of May 2023, Florida has legalized medical marijuana but not recreational use. The state’s medical marijuana program is highly regulated, and patients with qualifying conditions can obtain medical marijuana only with a recommendation from a qualified physician. Qualifying conditions include cancer, epilepsy, glaucoma, HIV/AIDS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, and other debilitating conditions. Patients must also register with the Florida Department of Health’s Office of Medical Marijuana Use and obtain a Medical Marijuana Use Registry Identification Card.

Despite the legalization of medical marijuana in Florida, the movement to legalize recreational marijuana has yet to gain traction in the state of Florida. Nonetheless, advocates are steadfast in their efforts, and the topic remains a contentious subject of discussion among lawmakers and citizens. Proponents of legalization contend that it would stimulate job creation, generate revenue for the state, and decrease the number of non-violent drug offenders in the criminal justice system. However, opponents of legalization argue that it could lead to increased drug abuse and have negative effects on public health and safety.

The debate surrounding recreational marijuana legalization in Florida is multifaceted and complex, with both sides presenting valid arguments. As Florida’s legal landscape continues to evolve, it is critical to work with an experienced attorney like Josh Davis who can provide sound guidance and representation to those facing legal issues related to cannabis. With his knowledge of the law and unwavering commitment to his clients, Josh can ensure that those facing criminal charges or other legal issues related to cannabis receive fair treatment under the law and achieve the best possible outcome for their case.

The debate over recreational marijuana legalization in Florida is a complex issue, both sides present valid arguments. As the legality surrounding marijuana continues to evolve, it is important to work with an experienced attorney like Josh Davis who can provide expert guidance and representation to those facing cannabis related charges. With his knowledge of the law and commitment to his clients, Josh can help ensure that those facing criminal charges or other legal issues related to cannabis are treated fairly under the law and receive the best possible outcome for their case.

The Great Divide: Marijuana Flower vs. THC Edibles

As a leading Florida attorney specializing in cannabis law, I often get asked about the differences between marijuana flower and THC edibles. Let’s explore an overview of these two popular forms of cannabis consumption and their respective benefits.

Marijuana flower, also known as cannabis flower, is the most common form of cannabis consumption. It refers to the dried buds of the cannabis plant that can be smoked or vaporized. The popularity of marijuana flower is due to its immediate effects and the variety of strains available, each with its unique aroma, flavor, and effects. Smoking or vaporizing marijuana flower is a fast-acting method of consumption that allows users to feel the effects almost immediately. It is also a preferred method for those who enjoy the ritual of smoking and the social aspect of sharing a joint or bowl.

THC-infused edibles provide a convenient and subtle method of consuming cannabis. These food products contain THC, which is the active ingredient in cannabis. THC edibles are available in various forms such as gummies, chocolates, baked goods, and beverages. They have gained popularity due to their prolonged and more intense effects compared to smoking marijuana. Since they do not produce any smoke or scent, they are an ideal option for individuals who prefer a discreet method of cannabis consumption.

The advantages of marijuana flower and THC edibles differ based on the individual’s requirements and inclinations. Marijuana flower provides instant relief from pain, anxiety, or stress. It is also a suitable option for individuals who enjoy smoking with friends. In contrast, THC edibles are preferred by individuals who desire a more potent and longer-lasting high. They are an excellent alternative for those who want to consume cannabis without the need to smoke or vaporize it. Both marijuana flower and THC edibles have their unique benefits and popularity among cannabis consumers. As a Florida attorney specializing in cannabis law, Josh Davis advises clients to consume cannabis responsibly and within the bounds of the law. 

Gummies in the Gavel’s Grip: The Unexpected Legal Quirk

While THC edibles are legal for medical use in Florida with a prescription, they are still subject to strict regulations. For example, the Florida Department of Health requires that all medical marijuana treatment centers (MMTCs) that produce THC edibles follow strict guidelines for packaging, labeling, and dosing. This is to ensure that patients receive accurate information about the THC content and potential side effects of the edibles they consume. Additionally, patients are advised to consume THC edibles in moderation and to store them in a secure location to prevent unauthorized access.

Despite these regulations, there have been cases where individuals have faced legal consequences for possessing or distributing THC edibles. This is because they are still considered a Schedule I drug under federal law, which means that they are illegal and have no accepted medical use. As a result, even with a prescription, individuals may still face criminal charges for possessing or distributing THC edibles.

Furthermore, the legal disparity between marijuana flower and THC edibles has led to confusion and inconsistency in how these cases are prosecuted. In some cases, individuals with a valid prescription for THC edibles have been charged with drug possession or distribution, while others have not. This inconsistency has led to calls for clearer guidelines and regulations surrounding the use of THC edibles.

Two examples of real-life cases include:

2018 –  A Florida man was arrested for possessing THC-infused gummies despite having a medical marijuana card. The man faced drug possession charges and could have been sentenced to up to five years in prison. This case highlights the legal disparity between marijuana flower and THC edibles in Florida. While medical marijuana is legal in Florida, possession of marijuana flower was still illegal, at that time and individuals could face criminal charges for possessing it. In contrast, THC edibles are legal for medical use with a prescription, but individuals can still face legal consequences for possessing or distributing them due to their potential for abuse and overdose. 

2021 – A Florida woman was charged with child neglect after her child ingested THC gummies that she had legally obtained with a prescription. Despite having a valid prescription, the woman faced serious legal consequences due to the potential harm that THC edibles can cause to children. This case highlights the importance of storing THC edibles in a secure location to prevent unauthorized access. It also underscores the need for clearer guidelines and regulations surrounding the use of THC edibles to ensure that patients are aware of the potential risks associated with them.

While THC edibles offer a discreet, convenient, and effective method of cannabis consumption, it is important for individuals to be aware of the legal implications associated with their possession and use. It is recommended that individuals consult with a qualified attorney like Josh Davis of Davis Law Firm to understand their legal rights and responsibilities when it comes to cannabis use. Additionally, patients should always follow the guidelines provided by their MMTC and consume THC edibles in moderation to avoid potential harm.

Why the Discrepancy? The Factors Behind the Law

One possible reason for the legal distinction between marijuana flower and THC edibles is their mode of consumption. Marijuana flower is typically smoked or vaporized, which can produce a strong odor and visible smoke. This makes it easier for law enforcement officials to detect and prosecute individuals who possess or use it. In contrast, THC edibles are consumed orally and do not produce any smoke or odor, making them more difficult to detect.

Another factor that may contribute to the legal distinction between marijuana flower and THC edibles is their potency. THC edibles can contain much higher levels of THC than marijuana flower, which can lead to more intense and longer-lasting effects. This can increase the risk of abuse and overdose, which may be a concern for lawmakers.

Additionally, the legal nuances surrounding marijuana and THC edibles are complex and can vary from state to state. In Florida, for example, medical marijuana is legal with a prescription, but possession of marijuana flower is still illegal. THC edibles, on the other hand, are legal for medical use with a prescription but can still result in legal consequences due to their potential for abuse and overdose.

The legal distinction between marijuana flower and THC edibles can also be attributed to the lack of federal regulation of cannabis. While some states have legalized marijuana for medical or recreational use, it remains illegal at the federal level. This has led to confusion and inconsistency in how cannabis cases are prosecuted.

The Implications: Consequences and Reactions

The legal disparity can create confusion and uncertainty for individuals who rely on cannabis for medical purposes, as they may not fully understand the legal implications associated with their preferred form of cannabis. Furthermore, the legal distinction between marijuana flower and THC edibles can create significant challenges for patients who need to travel with their medication, as they may be unsure of how to legally transport it without risking legal consequences.

The legal disparity between these two items also has consequences for the cannabis industry. The lack of federal regulation of cannabis has led to a patchwork of state laws that can be difficult for businesses to navigate. Additionally, the legal distinction between marijuana flower and THC edibles can create challenges for businesses that produce and distribute cannabis products.

Law enforcement officials may also face challenges when it comes to enforcing cannabis laws. The different legal implications associated with marijuana flower and THC edibles can create confusion and inconsistency in how these cases are prosecuted. This can make it difficult for law enforcement officials to know how to proceed in certain situations.

The public and expert reactions to the legal disparity between marijuana flower and THC edibles have been mixed. Some individuals believe that legal distinction is necessary to prevent abuse and overdose, while others argue that it is arbitrary and creates unnecessary confusion. Additionally, some experts have called for clearer guidelines and regulations surrounding the use of THC edibles to ensure that patients are aware of the potential risks associated with them.

Calls for Change: Advocacy and Proposed Amendments

Recent Failed Legislation:

General Bill by Torres proposed State Bill 1756 legalizing recreational marijuana by creating a new Division of Cannabis Management under the Department of Agriculture and Consumer Services. The bill would have authorized individuals who are 21 years or older to engage in certain actions related to marijuana and established licensing requirements for marijuana establishments. It would have also recognized marijuana establishments that sell food containing marijuana as food service establishments and removed cannabis from the schedule of controlled substances. The act would have taken effect on July 1, 2023. On 5/05/23 at 10:59 the bill was killed in agriculture.

Active Calls for Reform:

At Davis Law, Josh Davis has been following the progress of the Smart & Safe Florida campaign’s marijuana legalization ballot initiative closely. The latest data from the Florida Division of Elections shows that the campaign has collected 841,130 signatures, which is nearly 94 percent of the required amount needed to place the issue before voters in 2024.

Previous attempts to legalize adult-use marijuana in Florida have been rejected by the state Supreme Court, but the Smart & Safe Florida initiative cleared an initial major hurdle by initiating a state Supreme Court review of the measure’s language. The court will look to ensure that the proposal does not violate the state Constitution’s single subject rule and is not misleading to voters.

If approved, the initiative allows existing medical cannabis companies in Florida, such as Trulieve, to begin selling marijuana to all adults over 21. The proposal would also authorize, but not require lawmakers to approve additional entities that are not currently licensed cannabis dispensaries. However, home cultivation by consumers would not be allowed under the proposal.

If the Smart & Safe Florida initiative is approved, it will allow adults who are 21 years and older to purchase and possess up to one ounce of cannabis, with a limit of five grams for marijuana concentrate products. Even though the Smart & Safe Florida initiative does not contain equity provisions that advocates have been advocating for, such as expungements or relief for individuals with prior cannabis convictions, it has still managed to gain considerable support from voters in Florida. In fact, a poll conducted in March revealed that 70 percent of voters in the state are in favor of passing a constitutional amendment to legalize marijuana. Florida attorneys remind it’s important to note that public opinion can play a significant role in shaping policy decisions.

If the cannabis reform measure makes it to the 2024 ballot, at least 60 percent of Florida voters will need to approve it for it to be enacted. While an earlier poll released in 2021 found that a majority of Florida voters support legalizing cannabis for adult use, advocates will still have their work cut out for them if the measure qualifies.

Activists not directly involved in the Smart & Safe Florida campaign are also exploring plans to have voters decide on a complementary measure permitting adults to grow their own cannabis at home. 

On May 16, 2023, Attorney General Ashley Moody submitted a recreational-marijuana ballot initiative to the Florida Supreme Court. Moody contends that the proposal does not meet the legal requirements to go before voters in 2024. The Smart & Safe Florida political committee is sponsoring the proposed constitutional amendment, which has surpassed the necessary 222,881 petition signatures. Moody has requested an opinion from the Supreme Court to examine whether the proposed amendment satisfies legal requirements, but she did not provide further details. In order to put the measure on the November 2024 ballot, the Safe & Smart committee will require 891,523 validated petition signatures after obtaining approval from the Supreme Court. As of May 16, 2023, the state Division of Elections website has recorded 786,747 validated signatures. The proposal would enable individuals aged 21 and above to legally possess, purchase, or use marijuana products and accessories for non-medical purposes such as smoking, ingestion, or other means if passed.

Marijuana Advocacy Groups:

NORML:

NORML is a nonprofit public-interest advocacy group that represents the interests of millions of responsible marijuana using Americans who oppose the arrest of marijuana consumers. NORML is made up of a professional staff in Washington, DC, a network of volunteer state and local NORML Chapters across the country. This organization leads the fight in reforming state and federal marijuana laws through lobbying, publishing newsletters, hosting informative websites, legal seminars, and conferences. They also sponsor public advertising educational campaigns concerning marijuana, alternatives, and policy, provide legal assistance and support to victims under the current laws, and undertake relevant research. As a Florida attorney, I understand the importance of advocating for the rights of those facing drug charges and ensuring they are treated equitably under the law.

Marijuana Justice Coalition:

The Marijuana Justice coalition comprises national advocacy organizations, including civil rights, criminal justice, and directly impacted-led organizations, working towards repairing the disproportionate harm faced by Black, brown, and low-income communities caused by marijuana prohibition. The coalition led the historic passage of the MORE Act in the House, marking the first time a chamber of Congress voted to de-schedule marijuana. The coalition continues to work towards the successful passage of a comprehensive marijuana bill that legalizes marijuana and centers those most impacted by prohibition. As a Florida attorney, I believe it is important to advocate for equitable treatment under the law for all individuals facing drug charges.

Marijuana Policy Project:

Founded in January 1995, the Marijuana Policy Project (MPP) is dedicated to changing federal law to enable states to establish their own cannabis policies without interference from the federal government. MPP’s objectives include allowing medical cannabis use in all 50 states and U.S. territories, as well as regulating cannabis in a manner like alcohol. Since 2000, MPP has been instrumental in driving most of the state cannabis laws that have been reformed, including medical cannabis legislation and the legalization of cannabis by voter initiative in several states. MPP is comprised of two distinct organizations: MPP, which is responsible for lobbying and ballot initiatives, and MPP Foundation, which is the tax-deductible educational branch. MPP has a team of approximately 20 employees and lobbyists on retainer in various state capitals across the country. The organization advocates for legislation and supports ballot initiatives that aim to allow medical cannabis use and replace cannabis prohibition with a sensible regulatory system. MPP also lobbies in Congress and uses state progress to drive federal reform policies that are sensible. In addition, MPP is committed to promoting fair cannabis policies that prioritize inclusion, equity, and justice in both the cannabis industry and legislation. To further its mission, MPP sponsors public information campaigns, grassroots activities, and educational initiatives.

How Josh Davis Can Help

As a Florida attorney with experience in cannabis law, Josh Davis can provide expert guidance to those seeking to navigate the state’s complex legal landscape. Whether you’re a patient seeking to obtain medical marijuana or an entrepreneur looking to enter the cannabis industry, Josh can help you understand your rights and obligations under Florida law. With his knowledge of the legal system and commitment to his clients, Josh is dedicated to helping you achieve the best possible outcome for your case.

Practical Advice for Cannabis Users in Florida to Avoid Legal Trouble

Remember that although cannabis is legal in Florida, there are still restrictions on its use. Possessing more than the legally permitted amount can result in criminal charges, so it’s crucial to remain informed about the current laws and regulations governing cannabis use to avoid any legal issues.

To ensure that you are buying safe and high-quality products that comply with state regulations, purchasing cannabis products from licensed dispensaries is essential. Using unlicensed sources for cannabis products can lead to legal complications and potentially harmful health consequences. By purchasing from licensed dispensaries, you can ensure that the products you consume meet state standards and are of excellent quality.

To avoid anxiety, paranoia, and impaired judgement consume cannabis products responsibly. Consume cannabis in moderation, while being aware of potential side effects; remember overconsumption can be harmful. Driving under the influence of cannabis is illegal and can result in severe legal consequences.

If you have a qualifying medical condition, obtain a medical marijuana card to legally purchase and use cannabis from licensed dispensaries in Florida. It’s important to familiarize yourself with specific state cannabis laws to ensure that you understand your rights and responsibilities.

When purchasing cannabis products, only buy from licensed dispensaries. These establishments are regulated and ensure the quality and safety of the products they sell. Stay informed about cannabis strains, dosages, and consumption methods. Start with low dosages if you are new to cannabis or trying a new product, and always exercise caution.

Remember to consume responsibly, respect public and private spaces, store safely, be mindful of employment policies, and seek professional advice if you have questions or concerns about cannabis use.

In Florida, patients who wish to obtain medical marijuana must be diagnosed with at least one of the qualifying conditions listed under the law by a licensed Florida physician. The physician must determine that the benefits of medical marijuana use outweigh any potential health risks to the patient. Patients can obtain a medical marijuana certification during their initial visit with a physician, and there is no longer a waiting period.

Patients can obtain a marijuana certification for a 70-day supply, with two refills (i.e., a maximum supply of 210 days). The law prohibits smoking marijuana but allows for edibles and vaping. Before obtaining medical marijuana, patients must provide proof of Florida residency, be registered with the Department of Health in the medical marijuana use registry, and possess a medical marijuana use registry identification card.

Familiarize yourself with the specific cannabis laws in Florida to ensure you are aware of your rights and responsibilities. If you have a qualifying medical condition, consider obtaining a medical marijuana card to legally purchase and use cannabis from licensed dispensaries in the state. When purchasing cannabis products, only buy from licensed dispensaries. Stay informed about cannabis strains, dosages, and consumption methods. Remember to consume responsibly, respect public and private spaces, store safely, be mindful of employment policies, and seek professional advice if you have questions or concerns about cannabis use. 

For expert legal advice regarding Florida marijuana laws including defense against charges call Josh Davis at Davis Law Firm today. (386) 437-1127