Is Possession of Hemp Oil Treated the Same as Marijuana in FL?

Posted By Law Offices of Robert Stepniak || 13-April-2020

Understanding the laws regarding possession of marijuana and marijuana plant-derived substances can be confusing. Reach out to a skilled drug defense attorney if you are facing criminal charges.

With the law evolving and with state law being incongruous with federal law, knowing your rights and limitations surrounding the positions and use of various cannabis-derived substances is not always clear. Indeed, you may have questions about CBD and hemp products, including the possession of hemp oil. Consider the following about how possession of hemp oil is treated in our state in relation to the possession of marijuana.

Marijuana Possession in Florida

In Florida, it is against the law to possess marijuana unless it is for medical purposes. The penalty for 20 grams or less of marijuana is a misdemeanor offense in Florida, punishable by an incarceration period of up to one year and a maximum fine of up to $1,000. For possession of larger amounts, or for the sale or distribution of the drug, the penalty increases.

What About Hemp and CBD?

CBD stands for cannabidiol, which is a chemical compound found in the cannabis sativa plant. Hemp, on the other hand, contains higher levels of CBD than THC. As such, CBD oil and hemp oil are typically synonymous. The oil does not contain THC, or does not contain a large amount of THC, which is the active ingredient in marijuana that provides the “high” feeling.

According to an article published in First Coast News(ABC) in 2019, Florida Senate Bill 1020 allows the use of CBD oils that contain up to .3% THC. This means that you can use CBD oil legally, assuming that the amount of THC in the hemp oil is less than .3%; if it is more than that, you could be found in violation of the law.

Defending Yourself Against Marijuana Charges

If you are charged with the illegal possession of marijuana, CBD oil, or a hemp product, including hemp oil, it is important that you understand your rights and the defenses available to you. First, you should know that you have the right to hire a lawyer, and you should. You also have the right to defend yourself. Potential defenses include lack of intent or knowledge (i.e. you did not know that the hemp oil in your possession was a prohibited substance) or a lack of possession (the hemp oil is not yours). An attorney can help you to understand other defenses that are relevant to your case.

Call a Skilled Florida Drug Defense Attorney Today

If you have been charged with a drug possession crime in Daytona, the drug defense attorney at The Law Offices of Robert Stepniak can help. Call our lawyer today for a consultation to discuss your options and start building your defense. Attorney Stepniak is here to support you.