The Fourth DCA, in last week’s State v. Lucas Stevenson, has determined THC oil products are now misdemeanors, assuming the oil or THC product weighs less than twenty grams. Bad news for Mike Satz, as one of his most egregious and anachronistic felony overcharges are now out the window.
Read the opinion. It’s not that simple, but we believe it’s properly encapsulated above.
Earlier today, the Broward SAO sent the following email regarding Stevenson, and breakdowns of existing cases:
“In a nutshell, the DCA agreed with the dismissal of a felony THC case based on the fact that it cannot be determined whether the THC was derived from organic material or is synthetic. This is different from the issue we recently discussed where all cannabis and THC has to have at least a .3% concentration of THC in order to be illegal. The issue here is the inability to exclude THC from the expanded definition of cannabis. If we cannot prove that the THC is synthetically derived, then it must be charged as cannabis and is not a felony unless we have 20 grams or more. As a result, all THC cases, if they substance has the required .3% THC level, will be downgraded to a misdemeanor unless there are 20 grams or more involved. The opinion will become final as the AG has advised they have no further arguments to make on the issue and will not be seeking further review. I wanted you all to be aware of this situation. Please identify any THC cases you may have and, unless it involves 20 grams or more, discuss the case with your supervisor. If the case involves other felony counts then we’ll most likely just reduce the one count to a misdemeanor. If the only felony is the THC count then we will need to refiled the case altogether … “
Congratulations to Carlos Canet on a momentous opinion. When we spoke to him earlier, he immediately pointed out his work was based on an earlier PCA in State v. Rosalez won by Russell Cormican and Sid Fleischman, now law after the Stevenson opinion.