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Is Possession of a Marijuana Vaporizer a Misdemeanor or Felony?

Do you know whether possession of a marijuana vaporizer is a misdemeanor or felony? The answer to this question is: it depends. The state of Florida is quite strict regarding drug crimes, and if charged, you need to enlist in the help of a Fort Myers criminal defense lawyer you can trust, such as ours at Powell, Jackman, Stevens & Ricciardi, P.A.

When is Vaping a Misdemeanor?

If you are found in the possession of a marijuana vaporizer, it will likely result in 2 misdemeanor charges. The first will be a charge for drug possession, and the second will be for possession of drug paraphernalia, for the vape device itself.

The following two conditions must be met in order for this to be considered a misdemeanor:

  • The marijuana must be in its natural form of weed
  • The total weight must be under 20 grams

When is Vaping a Felony?

In the state of Florida, the possession of a vape device with any form of THC, other than traditional marijuana, could result in two felony charges. Again, this may include one count for drug possession, and one count for possession of drug paraphernalia for the vape device itself. This includes any oils, concentrates, waxes, or any other variations typically found in vape pens or cartridges.

Why Does It Matter?

A felony conviction can seriously impact your life, as many employers disqualify potential candidates with felony convictions. Furthermore, a felony conviction can have adverse effects on your right to vote or bear firearms. Each conviction scores higher on your felony scoresheet, which results in enhanced penalties for future crimes. Nevertheless, the most serious reason to avoid a felony is prison. The maximum incarceration period for a misdemeanor marijuana possession charge is 1 year, and possession of paraphernalia is a separate crime and carries the same. Felony convictions are punishable by serving time in a state prison.

Arrested? Contact Our Fort Myers Criminal Defense Lawyers Today

Powell, Jackman, Stevens & Ricciardi, P.A. is comprised of Fort Myers criminal defense attorneys who will do everything in our power to prevent you from being convicted of a crime. If you have been accused of a marijuana crime, now is the time to enlist in the help of our trusted legal team, as we are dedicated to advocating on your behalf, as we will work tirelessly to deliver you the results you deserve.

Schedule a free, initial consultation with a member of our firm by calling (239) 970-6844.

Contact Our Firm

Request your free consultation today and let our experienced attorneys help you.

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