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Vaporized Marijuana illegal?
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Posted 2009-05-01, 12:48 PM
I'm not sure on the legality of anything anymore.

To me, when I read the statutes for my state which is Florida it lists like this:

Quote:
Florida Drug Law Statutes:
893.13 Prohibited acts; penalties.--

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

What this means for you is that handling, using, possessing or distributing any type of "controlled substance" will result in you facing not only a stressful prosecution process, but also prison time if you are convicted.
http://www.usmarijuanalaws.com/

This website has a nice little chart where it breaks down the charges for each amount that you may have.

Quote:
Possession
20 g or less misdemeanor 1 year $1,000
More than 20 g felony 5 years $5,000
25 or more plants (formerly 300 plants) felony 15 years $10,000
Sale or Cultivation
Delivery of 20 g or less misdemeanor 1 year $1,000
25 lbs or less felony 5 years $5,000
25 to 2,000 lbs (or 2,000 plants) felony 3 years MMS* $25,000
2,000 to 10,000 lbs (or 10,000 plants) felony 7 years MMS* $50,000
10,000 lbs (or 10,000 plants) or more felony 15 years MMS* $200,000
Within 1,000 feet of school, college, park or other specified areas felony 15 years $10,000
*Mandatory minimum sentence.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession misdemeanor 1 year $1,000
Any conviction causes driver's license suspension for 6 months to 2 years.
And underneath is an explanation:

Quote:
Under the new law, possession of 25 or more plants (formerly 300 plants) is prima facie evidence of intent to sell or distribute, and is a second degree felony carrying a maximum penalty of 15 years in jail and a $10,000 fine.

Possession of 20 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Possession of greater than 20 grams of marijuana is a felony, punishable by up to five years in prison and a fine of up to $5,000.

The delivery of 20 grams or less of marijuana for no consideration is a misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000. Sale, delivery or cultivation of any other amount up to 25 pounds is a felony and punishable by up to five years in prison and a fine of up to $5,000.

Sale, delivery or cultivation of greater than 25 pounds is considered trafficking, and all trafficking offenses have mandatory minimum sentences. For less than 2,000 pounds or less than 2,000 plants, there is a mandatory minimum sentence of three years and a fine of $25,000. For less than 10,000 pounds or less than 10,000 plants there is a mandatory minimum sentence of seven years and a fine of $50,000. For 10,000 pounds or 10,000 plants or greater, the mandatory minimum sentence is 15 years in prison and a fine of $200,000.

Any sale or delivery occurring within 1,000 feet of a school, college, public park, public housing, daycare center, or church is punishable by up to 15 years in prison and a fine of $10,000.

The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.

Conviction of a drug related offense also requires suspension of the offender's driver's license for at least six months but not longer than two years.
In no way, shape, or form does it say anything about THC levels that would be in a bag of vapor. When you vaporize marijuana it changes it from the plant form, into a form where floating THC is combined with vapor, with a very high level. Now, with that said. THC is not illegal. From my understanding the only thing illegal would be the plant itself, which is the drug itself. My question is, could you carry around a bag of sealed marijuana vapor on you without getting into any trouble? I know for a fact that the vapor has a ton of THC in it, but would they really go through all the damn trouble to take it to a lab and have tested? Can they even test it? There are a ton of questions i'm going through on the legality side of a vaporizer/marijuana and can't seem to find any answers, anywhere.














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