Possession of Marijuana
Misdemeanor possession of marijuana in Florida is defined as anything less than 20 grams. If you possess more than 20 grams of marijuana you can be charged with a 3rd degree felony. A criminal charge for marijuana possession can result in a jail sentence, criminal record and/or fines.
If you have been charged with marijuana possession in Miami, Broward or Palm Beach County, Florida, contact Pensky & Kim, P.A. today. The attorneys at Pensky & Kim will evaluate the particular facts of your case to find potential defenses or mitigating factors to have your charge reduced or dismissed altogether. Call the law office of Pensky & Kim (305) 571-9800 for a free consultation today about your alleged marijuana offense in Miami, Broward or Palm Beach County, Florida.
Penalties for Possession of Marijuana
• First Degree Misdemeanor if under 20 grams
• Third Degree Felony if over 20 grams
• Punishable by a $1000 fine if Misdemeanor and a $5000 fine if Felony
• Up to 12 months county imprisonment if Misdemeanor and up to 5 years in Florida State Prison if Felony.
• 2 year Driver’s License Suspension if adjudicated guilty by the court regardless if it is a Misdemeanor or Felony.
Definition of Possession
Pursuant to Florida Statute possession is defined as either actual or constructive possession.
Actual possession can mean the individual had the marijuana in their pocket, their hand, on their body, in their clothing or within their immediate reach.
Constructive possession can mean an individual is has the intent to take actual possession of the marijuana, has the knowledge that the marijuana is in their presence and is able to take control of the marijuana.
Defenses to Marijuana Possession
There may be defenses to your marijuana charges depending on the facts in your particular case. However, it is necessary to speak to a Miami criminal defense lawyer who will help you determine your best defense for the marijuana charges against you. Certain defenses may be available to convince a judge or prosecutor to dismiss your case.
Illegal Search and Seizure – If an officer pulled you over and/or stopped you without probable cause we may be able to suppress the evidence that was illegally obtained in violation of your constitutional rights.
Miranda Warnings – If the law enforcement officer failed to give you Miranda Warnings about your right to remain silent or your right to an attorney, your constitutional rights may have been violated.
Arrest Without Warrant – Law enforcement officers are required to follow certain procedural requirements, including obtaining a warrant for arrest unless an exigent circumstance exists.
Possession – If you did not have actual or constructive possession of the marijuana, your attorney may be able to file a motion to dismiss the drug charges against you because possession is a required element to a marijuana possession charge.
We Can Help
Pensky & Kim are Miami Possession of Marijuana attorneys serving clients in Miami, Broward, and Palm Beach County, Florida. Contact us at 305-571-9800 or toll free at 888-533-5171 for a FREE consultation and to learn more about how our Miami Possession of Marijuana lawyers can help you. We are available 24/7.