The real Marijuana vs. The Synthetic

According to a police report, a Monroe County Sheriff’s Office deputy stopped Brian Mills’ vehicle “due to items hanging from the interior rearview mirror, obstructing the driver’s view, and for suspected illegal tint on the side window.” A U.S. Border Patrol agent was also on scene and his dog “alerted” them to “possible drugs.” While conducting a “probable cause” search, deputies found a bag containing 13 grams of marijuana. They also found 30 vials with each containing a clear yellow oil, which was later sent to a Florida Department of Law Enforcement laboratory. On May 16, the results came back positive for tetrahydrocannabinol, or synthetic marijuana smoked as vapor using electronic cigarettes. The police officer said the street value of the vials were between $50 and $80 each. A judge signed Mills’ arrest warrant on May 16th. He was arrested Monday in Tavernier and released on $25,000 bond two hours later.

“Synthetic marijuana” is a term for non-cannabis herbs coated with man-made chemicals attempting to mimic the effects of THC, the main psychoactive constituent of natural cannabis.

Possession of fewer than 3 grams of Synthetic Drugs

The crime of Possession of fewer than 3 grams of Synthetic Drugs is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, with a $1,000 fine. A judge may sentence a person convicted of Possession of less than 3 grams of Synthetic Drugs to probation, but may also impose a sentence up to the statutory maximum of one year in jail.

Possession of more than 3 Grams of Synthetic Drugs

The crime of Possession of 3 Grams or more of Synthetic Drugs is a Third Degree Felony in Florida and punishable by up to five (5) years in prison, five (5) years of probation, with a $5,000 fine.

Possession of 3 grams or more of Synthetic Drugs is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Possession of 3 grams or more of Synthetic Drugs to probation, but may also impose a sentence up to the statutory maximum of five years in prison.

Driver’s License Suspension

Pursuant to Florida Statute 322.055, any person convicted of Possession of Synthetic Drugs will have their driver’s license or driving privilege revoked for one year.

Actual Marijuana

Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of 1-year imprisonment and a maximum fine of $1,000. Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000. That is for less than one ounce! Sale or delivery within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

We at Carlos Gonzalez Law want to keep you informed about the constant changes in drug laws. If you find yourself dealing in a legal matter in reference to the Florida drug laws, please don’t hesitate to call us for a free consultation.Call our office at (786) 358-6888