Contact a Florida Criminal Defense Attorney About Drug Possession Charges You might think that a marijuana possession charge is a minor legal issue, but the penalties are more serious than you might expect. Vaping pot is a crime, and police aggressively pursue those who break the law.
Full Answer
Is it legal to vape marijuana in Florida?
Keep in mind, however, that while vaping may be safer than smoking, when it comes to marijuana or THC-based products, it is only legal in Florida for medical purposes. “Recreational” vaping of cannabis is still illegal.
How many drug courts are there in Florida?
As of July 2021, Florida has 93 drug courts in operation, including 55 adult, 19 juvenile, 13 dependency, 4 DUI, 1 Marchman Act, and 1 domestic violence.
Does Florida drug court require voluntary participation?
Keep in mind that drug court judges in Florida view voluntary participation very favorably. So, if you are committed to getting better, the process will be easier.
How do I get into drug court in Florida?
There are two main ways people enter the drug court system in Florida. First, you can request a Pretrial Intervention Program. Second, some people are court ordered to the problem solving court as Postadjudicatory Treatment. According to the law, entry into any pretrial treatment-based drug court program must be voluntary.
Is vaping a felony in Florida?
The Charge for THC Vaping If someone is caught with a vape pen containing a THC cartridge, they'll be facing a third-degree felony drug possession charge. Upon conviction, the punishments may include but are not limited to imprisonment for up to 5 years and/or a fine of up to $5,000.
Is vaping against the law in Florida?
Florida Constitutional Amendment 9 prohibits the use of vaping devices in enclosed indoor workplaces. Exceptions include private residences that are not being used for commercial childcare, adult care, or healthcare; retail tobacco and vape shops; designed smoking guest rooms in hotels; and stand-alone bars.
Is a vape pen considered drug paraphernalia?
Vaporizers, Vape Pens, and Dabs Used for tobacco as well, here are kinds of drug paraphernalia that are popular because they hide smells. Vaporizers, in many forms, can be used for weed, hash, liquids, and hash oil. Vape pens are smaller than larger vaporizers, often with pre-filled cartridges.
Does vaping count as a substance?
While “vape” itself is not necessarily a drug, vaping products often contain harmful substances, like nicotine and THC (the active ingredient in marijuana). These substances can have a negative impact on your teenager's physical health and brain development.
How long does nicotine stay in your system?
Generally, nicotine will leaves your blood within 1 to 3 days after you stop using tobacco, and cotinine will be gone after 1 to 10 days. Neither nicotine nor cotinine will be detectable in your urine after 3 to 4 days of stopping tobacco products.
Is Juul banned in Florida?
(WCJB) - The crown jewel of vaping will no longer be available in North Central Florida. The Food and Drug Administration banned all JUUL products. The e-cigarette product fueled the teen vape surge.
What are 3 examples of drug paraphernalia?
The term drug paraphernalia refers to any equipment that is used to produce, conceal, and consume illicit drugs. It includes but is not limited to items such as bongs, roach clips, miniature spoons, and various types of pipes.
What do drug addicts use nail clippers for?
Nail Clippers They may be used to maintain a “coke nail,” or a longer fingernail that can be used to scoop a small amount of cocaine and then snort it. The file that is usually attached to a set of nail clippers can also be used to scoop and snort cocaine.
Is nicotine a controlled substance?
In 1970, Congress passed the Controlled Substances Act to prevent the abuse of drugs, narcotics and other addictive substances. The law specifically excluded tobacco and tobacco products from the definition of a “controlled substance” in 21 U.S.C.
Is vaping considered smoking?
Vaping is not smoking, but some people find vaping works to help them quit because it offers experiences similar to smoking a cigarette. Vaping has a similar hand-to-mouth action as smoking, and it can also be social.
Is vaping worse than smoking?
1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.
Do more guys or girls vape?
The prevalence of e-cigarette use among male adolescents is consistently higher than among females [18]. This includes Global Youth Tobacco Survey data from Latin American countries, except in Chile (9.9% males and 13.7% female), where both smoking and e-cigarettes is higher among females [19].
Can I buy a vape at 18 in Florida?
Sale/distribution of nicotine dispensing devices or nicotine products to persons under age 21 (unless active duty military member) prohibited. Possession of nicotine dispensing devices or nicotine products by persons under age 21 (unless active duty military member) prohibited.
How old do you have to be to vape in Florida?
21THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
Can you buy vapes at gas stations in Florida?
Gas stations, convenience stores and vape shops - vaping products that contain nicotine are being sold at all of them. In Florida, you have to be at least 18 to buy these vaping products.
Is it against the law to vape indoors?
There is no law which forbids the use of vaping products in public places. However, rules on the use of e-cigarettes and vape products can be imposed by the setting which you are in. So, if you want to vape in a public place then it will be a good idea to check the policy on vaping before going ahead.
When is vaping banned in Florida?
Vaping in most indoor workplaces is banned in Florida starting July 1, 2019. Several new laws go into effect next week, including a ban on vaping in indoor workplaces.
Who is the Bureau Chief of Tobacco Free Florida?
Laura Corbin, Bureau Chief of Tobacco Free Florida, said the amendment will help change the culture around smoking
Is vaping harmful to the body?
The long-term health effects of e-cigarette use, or vaping, are still unknown,” Corbin said, “But we know that e-cigarette aerosol is not harmless water vapor. The aerosol that users breathe and exhale can contain harmful and potentially harmful substances.".
What age can you vape in Florida?
Florida Vaping Laws Regarding Minors. Florida Statutes 877.112 states that anyone under the age of 18 is prohibited from possessing an e-cigarette or any other types of nicotine dispensing products.
How many counties in Florida have e-cigarette laws?
However, these are local laws, and only 19 counties and cities in the Sunshine State have them as of this writing, and they do not affect certain work environments. Currently, 19 localities in Florida ban the use of e-cigarettes in enclosed workplaces.
Where Are People Banned From Smoking E-Cigarettes?
In 2015, the Sixth Judicial Court in and for Pasco and Pinellas Counties ordered that no one can use e-cigarettes inside their courthouses. They also cannot use them unless they are at least 50 feet away from the courthouses. More broadly, all “firefighter employee places of employment” are completely tobacco-free according to Rule 69A-62.024 (6). Electronic cigarettes do not contain tobacco, but they are listed, and prohibited, as an example of a “tobacco-like product.”
What is the penalty for breaking the nitric oxide law?
Breaking this law is considered a misdemeanor of the second degree. Penalties may include a maximum fine of $500 and up to 60 days in jail.
Can you vape on the beach in Florida?
You may now find people “vaping” on the beach, on the street, and even inside shopping malls, where kiosks vend them. However, not everyone is allowed to use them, and people are not allowed to smoke e-cigarettes everywhere. Here are the current Florida vaping laws.
Is it legal to smoke e-cigarettes in Florida?
The Current Laws in Florida for Smoking E-Cigarettes. The smoking of electronic cigarettes, often shortened to e-cigarettes, has become increasingly common. These products, known in legal terms as an example of a “nicotine dispensing device,” have been promoted as healthier alternatives to standard cigarettes.
Is vaping allowed in Florida?
Vaping is allowed for people who work outdoors. These localities range across the state and include populous cities like Miami, Port St. Lucie, and Boca Raton. Vaping in enclosed workplaces is prohibited throughout the counties of Miami-Dade, Alachua, and Marion.
Why do drug courts exist in Florida?
That is why Drug Court exists! FL drug courts are there to help you become crime free and drug free. Then, you can return to society as a positive contributor. We are rooting for you!
When was the first drug court in Florida?
In fact, the first drug court in the United States started operation in Miami-Dade County in 1989. The creation of this specialized court began the national drug court movement. In the years since then, Florida has continued to use drug courts to help people.
What is a Drug Court?
Florida drug courts are alternative, problem-solving courts that help people who are struggling with addiction. Instead of punishment for drug or alcohol related crime, the focus is on treatment. In Florida, drug courts aim to “address the root causes of justice system involvement through specialized dockets, multidisciplinary teams, and a non-adversarial approach.” [1]
How does a drug court work?
Numerous studies have confirmed that drug courts significantly reduce crime, provide better treatment outcomes, and produce better cost benefits than other criminal justice strategies. [2] [3] [4] So, if you are struggling with addiction, a Florida drug court may be just what you need.
What happens after drug court intake?
After intake, the drug court staff meet with the presiding judge to determine an individual treatment plan. Prior to each court appearance, you’ll meet with a treatment team to assess your progress. Then, drug court staff and make recommendations concerning treatment goals and compliance.
How many phases are there in drug court?
There are usually 4-5 distinct phases of the Drug Court program. Each phase must be fully completed in order for you to reach commencement. Keep in mind that drug court judges in Florida view voluntary participation very favorably. So, if you are committed to getting better, the process will be easier.
What happens if you fail drug court?
If at any time you fail to meet the program requirements of Drug Court, a Bench Warrant may be issued for your arrest. After arrest, a court hearing will be scheduled within a month, or so. Generally, those who do not complete requirements receive increased counseling.
Is marijuana possession a crime?
You might think that a marijuana possession charge is a minor legal issue, but the penalties are more serious than you might expect . Vaping pot is a crime, and police aggressively pursue those who break the law. To learn more about your options for fighting the charges, please contact the offices of Fort Lauderdale drug possession attorney Kevin J. Kulik. We can set up a consultation to review your circumstances and determine an appropriate defense strategy.
Is possession of THC oil a separate crime?
Because it’s a separate crime, possession of drug paraphernalia is also punished separately if you’re convicted. That means your jail sentence could be in addition to the other penalties you face for possession of THC oil.
Is marijuana legal in Florida?
While there have been recent efforts to legalize it, marijuana remains a Schedule I controlled substance in Florida – no matter what method you employ for consumption. Possession is still a crime and the penalties are harsh, including long imprisonment terms, fines, and other consequences that come with having a permanent criminal record.
Can you be charged with possession of THC oil?
You Could Also Be Charged with Possession of Drug Paraphernalia: In addition to possession of THC oil, you could also be charged with possession of the pen that it comes in. Florida’s law on drug paraphernalia includes a laundry list of items that are illegal if they’re used to consume, ingest, smoke, inject, inhale, manufacture, measure, weigh, or engage in other acts associated with drug use. If arrested for drug paraphernalia, the crime is a First Degree Misdemeanor – the most serious type of misdemeanor under state law. Your punishment for a conviction may include:
Why is Florida a drug court?
To reduce the number of individuals incarcerated and to aid in rehabilitation, the state of Florida instituted a drug court system that focuses on addiction treatment rather than incarceration. By providing treatment to first-time, nonviolent offenders, the state hopes to reduce recidivism and help provide certain defendants with an opportunity ...
How does juvenile drug court work?
Juvenile Drug Court helps address the issue of youth addiction by allowing individuals arrested or processed through the Juvenile Assessment Center to enter into drug addiction treatment while still working towards completing their education.
Why is it important to show up for drug court?
Court dates are an important part of treatment and allow the judge to monitor your progress. Because beating addiction is tough, however, there is some leniency built into the system. Missing one court date will likely not get you expelled from the program (though it could). It is more likely that you will be given more intensive treatment options, especially if you miss a court date because of a relapse.
Why do you have to undergo urinalysis in drug court?
For drug court, participants are required to undergo urinalysis randomly to ensure you maintain your sobriety.
What happens if you get out of drug court?
Completion of drug court will lead to the charges against you being dropped. This will not erase any previous charges or convictions you have on your record.
How many hours a week do you spend in drug court?
At the start of the prescribed treatment, participants spend around 9 hours a week in drug court activities. Through the course of treatment, this time commitment is reduced as participants are believed to have more tools and abilities to help them cope with their addiction.
What is Veterans Treatment Court?
Veterans Treatment Court serves veterans who are suffering from PTSD or other service-related mental illnesses, traumatic brain injury, or addiction. For more information about whether Veterans Treatment Court is an option for you, contact Mike G Law.
Why is vaping so popular?
One reason marijuana vaping has become more popular is that it is difficult for parents and teachers to know whether the liquid inside a vaporizer is based on nicotine or cannabis.
What is the purpose of a vaporizer in vaping?
In contrast, vaping involves using an electronic device–a vaporizer–to heat the plant material (often in liquid form) at a much lower temperature. The idea is to convert the underlying material into water vapor rather than smoke.
How to contact Moses and Rooth in Orlando?
In the meantime, if you have been charged with a drug crime related to the illegal possession or use of marijuana and need assistance from an experienced Orlando criminal defense attorney, contact Moses & Rooth right away by calling (407) 377-0150.
Is smoking marijuana considered medical use in Florida?
The Florida legislature adopted extensive regulations to implement the voters’ decision. Among other things, these rules specifically exclude smoking marijuana from the definition of “medical use.”. Instead, individuals with a qualifying medical condition, and who receive a Medical Cannabis Card from a doctor licensed to issue one, ...
Is smoking marijuana safe?
When you smoke marijuana, you are burning the dried plant material at high temperatures to create smoke that you then inhale. Although many people think smoking pot is safer than, say, tobacco-based cigarettes, the truth is that smoking any plant-based substance releases thousands of chemical compounds, many of which are toxic to the human body.
Can you smoke marijuana in Florida?
As you probably know, voters approved a state constitutional amendment in 2016 to authorize the use of marijuana for medical purposes. But this doesn’t mean you can simply roll your own joint and smoke it because you think you have glaucoma.
Does water vapor contain THC?
If done correctly, this water vapor contains a higher concentration of the desired chemical–in the case of medical marijuana, THC–without producing the toxic residue associated with smoking.
