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Is getting caught with a dab pen a felony?

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Vaping (vaporizing) is being used to smoke marijuana. If you are caught in possession of any type of marijuana concentrate, without a medical marijuana card, it is a third-degree felony in the State of Florida. It is punishable by up to five (5) years in prison, up to five (5) years probation and a $5,000 fine.
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