Is it illegal to possess butane hash oil in Florida?
Possession of butane hash oil (BHO) is unquestionably illegal in Florida. The main issue in contention is whether possessing BHO is a felony or a misdemeanor. The restricted drug definition statute in Florida, 893.03, does not explicitly address this problem. The legislation does not clearly include butane hash oil. But it’s clearly a felony charge.
What is butane hash oil, then? BHO may be manufactured using hashish, although marijuana is often used in its production. Hash oil made from butane is intended to be a more potent and powerful version of marijuana. Tetrahydrocannabinol, often known as THC, is marijuana’s primary psychoactive compound. Cannabis undergoes a procedure where a solvent, often butane, is added to the plant material to create butane hash oil. The marijuana plant’s butane is filtered out and then removed, leaving behind a resin-like substance. According to reports, the resin recovered has a significantly greater THC content than the marijuana plant itself. Butane hash oil is the name of the resin used for extraction.
In Florida, marijuana possession is a clearly defined offense. Possession of marijuana may constitute either a misdemeanor or a felony, depending on its weight. A first degree misdemeanor carrying 20 grams or less of marijuana is punished by up to a year in prison and/or a $1000 fine. Possession of more than 20 grams of marijuana is a third-degree felony, which carries a maximum five-year state prison sentence and/or a $5,000 fine.
Given that butane hash oil is a result of marijuana, it would follow that the degree of criminality would also depend on the weight. But it doesn’t appear like this is the case. In Florida, the customary jury instruction for possession of marijuana makes a distinction between the drug and its resins by stating the following:
Cannabis refers to all elements of any cannabis plant, growing or not, including the seeds [but excluding any resin obtained from the plant]
Resins are expressly excluded under the jury instruction’s wording. It is obvious that butane hash oil is a resin produced from marijuana plants. Additionally, Florida Statute 893.03(1)(c)(190)(a), which defines banned drugs, expressly specifies resins when it says:
Any tetrahydrocannabinols that are naturally present in Cannabis plants, their synthetic counterparts, or the resinous extracts of Cannabis plants are all prohibited.
Hashish is not precisely defined by Florida Statute 893.03, similar to butane hash oil. Regardless of its weight, Florida courts have long recognized that possessing hashish is a felony offence. Hashish is often described as a resinous form of marijuana. Based on these details, I believe that having butane hash oil is a third-degree crime that carries a maximum five-year jail sentence and/or a $5,000 fine.
