A recent incident at Mulberry Middle School, where a 12-year-old student is accused of seven crimes after sharing THC-infused, rubbery candy with other students, has received much attention.
Lakeland – When a child was born If THC-infused gumdrops were to be marketed in a state where cannabis possession was legal, would they be charged with crime?
THC is known as the primary psychoactive chemical compound in cannabis.
Florida Laws Are Strict and Own Property The distribution of cannabis by a minor within a 1000 foot radius of a school is considered a criminal offense.
An example of a state that does not encourage children to distribute is California.
Recently at Mulberry Middle School A 1
Six students were brought to the hospital after showing signs of dizziness and nausea after taking the gums.
But if the same incident had happened in California, that 12-year-old would face the same penalties
In January, California approved the use of marijuana for recreational purposes. This meant that anyone aged 21 years and older could legally have up to 1 ounce of dried marijuana or 8 grams of concentrated cannabis, also called hashish.
It was a step approved by California voters.
There are some provisions According to the California Health and Safety Code 11357 HS, it says that owning more than 28.5 g of marijuana or more than 8 g of concentrated cannabis is illegal.
The law prohibits anyone under the age of 21 from owning cannabis unless they have a medical marijuana card that states that it was prescribed for them.
In addition, California violated the law of possessing marijuana in all grades during 12th grade schooling.
Still, California's penalties for disobeying the law of cannabis ownership are lenient compared to those in Florida.
In California, people over the age of 18 who own marijuana or concentrated cannabis on school grounds will face only a misconduct and a fine of up to $ 250 for the first offense.
For persons under the age of 18, the offense is only considered as a violation that is met with drugs counseling and community service.
The California Health and Safety Code 11360 states that it is an offense to "sell or transport concentrated cannabis without a valid marijuana sales license.
Californian health and safety code 11362.765a says marijuana collectives or dispensaries can give concentrated cannabis to each other as long as they do not make a profit with a sale.
At the federal level, it does not matter what states that states At this point, according to the Marijuana Survey of the National Conference of State Legislature: "Marijuana is still a Schedule 1 Illegal Substance."
That is, the NCSL endorsed a policy by which they believe that federal laws Believes that "including the Controlled Substances Act (CSA)" should be amended to explicitly allow states to establish their own cannabis guidelines without federal interference, and urges the administration not to undermine the US cannabis policy. " The NCSL survey notes that 10 states – Colorado, Washington, Alaska, Oregon, California, Maine, Massachusetts, Nevada, Michigan and Vermont – and the District of Columbia have now legalized small amounts of marijuana for adult recreational purposes.
According to research by the NCSL, 22 states have also decriminalized small amounts of marijuana.
"Decriminalized," according to the NCSL in its review, this means that personal consumption is more of a civilian or civilian use, local violations, "no state crime."
Florida Deputy Prosecutor John Orr said the procuratorate's job is to defend the current law
To suspect that Florida will ever change its strong stance against the law, Orr notes that The SAO will not comment on that, as they enforce everything the state of Florida decides.
But local defender John Liguori said Florida's cannabis concentrate wave has taken various forms over the last few years, from whistling to whistling to sweets.
"I've seen it on chewing gum and have represented people who had it oil-form, like some kind of chewing gum that you would chew and use," he said.
Liguori said that legislation in Florida is required by law to have a person charged with a crime for a cannabis concentrate and be convicted of losing their driver's license for up to a year.
In the case of a 12-year-old, this could mean that the child … He can not immediately obtain his driver's license.  The bigger question he feels is that everyone, including The Sheriff's Office should be asking, "How a 12-year-old gets concentrated cannabis."
"You must be the source "That's the blind side of the criminal law … vaping with marijuana is more serious than smoking a joint," he said.
Concentrated cannabis, he said, "is the new trend drug.
When it comes to Florida laws, there is no difference in the age of the person in possession or distribution. "The extent of crime is the same, whether you are an adult or a child," he said.
He also said it was hard to believe that the child had acquired the cannabis alone.
"He got this stuff Someone, it was not his idea," Liguori told The Ledger on Friday.
"There are services for these young offenders," he said.
"If you're dealing with a 12-year-old man, everyone has to resign."
Kathy Leigh Berkowitz can be reached at 863-802-7558 or firstname.lastname@example.org.