• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

15 years mandatory minimum for one ounce of medical marijuana?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

#1
Florida
This is for mixing one ounce of marijuana with 5 cups of everclear grain alcohol (or butter/oil) in the magicalbuttermachine.

Here is the recipe [link removed]

My question is.. is this actually the correct charge? Or was it misinterpreted as the mixture they’re charging me with isn’t a synthetic but REAL marijuana and it’s mixed with a product approved by the US Food and Drug Admin

I’m a 34 year old disabled man with Peripheral Arterial and Veinous Disease. I’ve been treating pain with cannabis the last 3 years and am completely off traditional painkillers.

This is one batch of this stuff for personal use, but due to the weight specifications they’re saying it’s trafficking. The equivalent charge in real marijuana would be for 10,000 lbs in order to get the same 15 year mandatory minimum 200,000 bail.

893.135-1m2c
This is the charge

(m)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 280 grams or more of a:

a. Substance described in s. 893.03(1)(c)30., 46.-50., 114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic cannabinoid, as described in s. 893.03(1)(c)190.; or

b. Mixture containing any substance described in sub-subparagraph a.,

commits a felony of the first degree, which felony shall be known as “trafficking in synthetic cannabinoids,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. If the quantity involved under subparagraph 1.:

c. Is 1,000 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $200,000.

This seems to be the charge for synthetic cannabanoids.

Which are:

190. Synthetic Cannabinoids.—Unless specifically excepted or unless listed in another schedule or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation that contains any quantity of a synthetic cannabinoid found to be in any of the following chemical class descriptions, or homologues, nitrogen-heterocyclic analogs, isomers (including optical, positional, or geometric), esters, ethers, salts, and salts of homologues, nitrogen-heterocyclic analogs, isomers, esters, or ethers, whenever the existence of such homologues, nitrogen-heterocyclic analogs, isomers, esters, ethers, salts, and salts of isomers, esters, or ethers is possible within the specific chemical class or designation. Since nomenclature of these synthetically produced cannabinoids is not internationally standardized and may continually evolve, these structures or the compounds of these structures shall be included under this subparagraph, regardless of their specific numerical designation of atomic positions covered, if it can be determined through a recognized method of scientific testing or analysis that the substance contains properties that fit within one or more of the following categories:

a. Tetrahydrocannabinols.—Any tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, the synthetic equivalents of the substances contained in the plant or in the resinous extracts of the genus Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, including, but not limited to, Delta 9 tetrahydrocannabinols and their optical isomers, Delta 8 tetrahydrocannabinols and their optical isomers, Delta 6a,10a tetrahydrocannabinols and their optical isomers, or any compound containing a tetrahydrobenzo[c]chromene structure with substitution at either or both the 3-position or 9-position, with or without substitution at the 1-position with hydroxyl or alkoxy groups, including, but not limited to:

(I) Tetrahydrocannabinol.

Is a cannabinoid receptor agonist, unless specifically excepted or unless listed in another schedule or contained within a pharmaceutical product approved by the United States Food and Drug Administration.
 
Last edited by a moderator:


quincy

Senior Member
#2
Jddaniels24, because you apparently are charged with a 15-year felony, you need a good criminal defense attorney in your area to help you, not a forum.

It is my opinion that you were incorrectly charged with 893.135-1m2c and I am fairly confident your attorney will be able to get it reduced. At least, your attorney will work toward that end.

But, again, you NEED that attorney.

Good luck.
 
#3
Jddaniels24, because you apparently are charged with a 15-year felony, you need a good criminal defense attorney in your area to help you, not a forum.

It is my opinion that you were incorrectly charged with 893.135-1m2c and I am fairly confident your attorney will be able to get it reduced. At least, your attorney will work toward that end.

But, again, you NEED that attorney.

Good luck.

Yes, am looking for a Lawyer now, they all want 15-35K for the case just because of this charge. Also it’s very unclear whether this is the correct charge or not to me, 2 of them have told me it is.. 2 have told me it isn’t.
 

quincy

Senior Member
#4
Yes, am looking for a Lawyer now, they all want 15-35K for the case just because of this charge. Also it’s very unclear whether this is the correct charge or not to me, 2 of them have told me it is.. 2 have told me it isn’t.
I am afraid you will need to pay a lot for an attorney to help with your defense.

Based strictly on what you have presented as the facts, I think you were over charged. I personally would be inclined to hire an attorney who believes the charge against you doesn't fit your crime - and can offer you good reasons why.

Good luck.
 
#5
Get an attorney.
Yes it will cost you $15K to $35K for the case but how much earnings will you lose while in jail for 15 years.
Going back to your statement that you were mixing marijuana with alcohol or butter is a non issue because you were in fact extracting the THC and CBD from the chlorophyll and other non psychoactive materials. It may even make it worse because you were in fact concentrating the active ingredients which may be a greater charge like manufacturing.
(15)(a) “Manufacture” means the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis
And you say you were mixing in 1 ounce (28grams) but the law you quoted seems to only make it a crime if it's over 280 grams, or 10 ounces.
As for getting the charge wrong, happened all the time. We would find a white crystalline powder and make an arrest for possession of suspected (fill in the drug) but when we get the lab report back and find out it was something else illegal we would add a supplement with explanation and amend the original complaint.
Get an attorney, better than spending 15 years with Bubba.
 
Sponsored Ad

Top