How Serious Are Marijuana Charges In Florida?
Several states have legalized marijuana for medical and recreational use. However, Florida continues to enforce strict laws for the possession of marijuana — even for small amounts of marijuana. There are serious consequences for anyone caught with possession of marijuana. The penalties include fines, probation, and jail.
Penalties in Florida for Marijuana Possession
According to Florida law, a person can be changed with possession of marijuana even if the drug is not on their person. They simply need to have control over the drug. As long as the person has control over the drug or has concealed it, they can be charged with possession.
Marijuana possession up to 20 grams is a misdemeanor offense with a maximum penalty of one year in jail and fines up to $1000. However, the penalties for possession of a large volume of marijuana are significantly harsher. If a person is in possession of 10,000 lbs of marijuana, it is a felony offense punishable by a maximum of 30 years imprisonment and fines up to $200,000.
Penalties in Florida for Marijuana Sale or Delivery
The sale or delivery of marijuana is an even more serious offense than possession. Up to 20 grams or less of sale or delivery of marijuana can lead to one year in prison and fines up to $1,000. The sale of 10,000 pounds can lead to 30 years of imprisonment and fines of up to $200,000.
If you are found selling or delivering marijuana within 1,000 feet of a college, park, school, or other specific areas, you could be sentenced to 15 years in prison and fines of up to $10,000.
Other Types of Punishments
There can also be other consequences for marijuana charges, including suspension of your driver’s license and probation where the convicted individual may face restrictions for travel, difficulty securing employment, and drug testing. If you are charged with a marijuana offense, you have the right to defend yourself in court. However, it is best to consult with a Florida marijuana attorney to determine a legal course of action.
Legal Defenses to Marijuana Charges
Law enforcement must have constitutional bases for stopping or searching you. According to Stroleny Law, P.A., if marijuana was found in your possession from an illegal stop or search, then your case could be dismissed. Your lawyer will have to prove that the law enforcement officials did not have the reasonable suspicion to search you. Similarly, if your defense lawyer can prove illegal surveillance or an invalid search warrant, then you have a solid defense against marijuana charges.
Another solid defense to marijuana charges is to prove that there was a medical necessity for you to carry the marijuana. For example, if you have a medical condition that requires marijuana, you can use that to prove that possession was legal. However, even a certified Florida medical marijuana card holder must not violate laws such as crossing state lines while in possession of the drug, giving the marijuana to anyone, or cultivating marijuana at home.
In some cases, defendants can prove that the evidence is inadmissible in court or that the evidence was mishandled. If the chain of custody is broken, the authenticity of the evidence can be challenged in court. After your initial consultation with an attorney, you will have a better understanding of the defenses you can use against the charges.
