Penalties for Marijuana Possession in Florida

Marijuana use and possession are becoming increasingly acceptable throughout the country. Many states allow people to legally possess marijuana for both personal and medical use. Florida isn’t particularly at the forefront of the movement, but it does have moderately generous marijuana possession laws, depending on the circumstances. With that in mind, it’s best to take the time to understand the penalties for marijuana possession in Florida.

Is it Legal to Possess Marijuana in Florida?

Recreational marijuana possession is not yet legal in Florida. The only people who are allowed to legally possess the substance are those who have a prescription for its use. Legal possession for medical use is regulated by the Office of Medical Marijuana Use, a subsidiary of the Florida Department of Health. For a doctor to legally prescribe you marijuana, you must be diagnosed with a qualifying condition like cancer or glaucoma. With a legal prescription, you can possess up to four ounces of marijuana. Any more than that, and you are violating the law, even if you are a registered medical marijuana patient.

Minors face additional restrictions. While a child can be prescribed marijuana, they cannot legally purchase or possess it. Instead, they must have a registered caregiver who is given the power to buy marijuana in their place.

Is Marijuana Possession a Felony or a Misdemeanor?

Whether marijuana possession in Florida is charged as a felony or a misdemeanor depends on one factor: the amount you possess. If you have 20 grams or less, you will be charged with a misdemeanor. Possess any higher amount of the drug, and you will be charged with a felony.

 

Penalties for Misdemeanor Marijuana Possession in Florida

The lowest penalties for marijuana possession take the form of misdemeanors, which can result in a jail term of up to one year and a fine of up to $1,000. Jail is quite unlikely for first-time offenders, though. Instead, they may be enrolled in a pretrial intervention program. If you think you might qualify for the program, the best way to get into it is to be represented by a team of experienced Tampa misdemeanor attorneys. At Taracks & Associates, we have extensive experience getting clients into such programs.

The standard penalties for marijuana possession in Florida are roughly the same for a minor as they are for an adult. Thus, a minor who is charged with a misdemeanor offense faces up to one year in jail and a fine of up to $1,000. However, much like first-time adult offenders, charges against minors are also reasonably light. They are brought forward by the state juvenile justice system, which allows young offenders to fulfill their penalties and receive rehabilitation. First-time minor offenders in the system have the option to have these charges removed from their record, as well, effectively making it as though they were never convicted of a crime.

The penalties for marijuana possession charges in Florida can result in lifelong consequences. Don’t risk your future. Contact Taracks & Associates at 813-281-2897 to schedule a free initial consultation and case review.

Penalties for Felony Marijuana Possession in Florida

The penalties grow much more severe if you are charged with felony marijuana possession. You can also be charged with a felony if you possess any amount of marijuana illegally within 1,000 feet of a college, park, school, or any other designated public area.

Otherwise, the exact extent of an offender’s retributions primarily depends on how much marijuana they possess when arrested:

Up to 25 Pounds

The lowest felony charge is for possessing up to 25 pounds of marijuana. It is a third-degree felony that results in a penalty of up to five years in prison and a fine of up to $5,000.

Between 25 Pounds and 2,000 Pounds

At these weights, the state justice system will assume your marijuana is no longer for personal use, even if it cannot prove that you intend to sell it. Thus, the penalties are severe. If you are arrested with such an amount of marijuana, you will be charged with a second-degree penalty, the punishment for which is between three and five years in prison and a fine of up to $25,000.

Between 2,000 Pounds and 10,000 Pounds

The charge increases to a first-degree felony at this weight, and if convicted, you will face between seven and 30 years in prison and be fined up to $50,000.

10,000 Pounds or More

Exceeding 10,000 pounds represents the highest charge you can be convicted of for possession. Though it is also charged as a first-degree penalty, it comes with a higher minimum prison sentence and a larger fine. The minimum prison sentence is 15 years, and you will be fined up to $200,000 if convicted.

What to Do When Charged With Marijuana Possession in Florida

Penalties for marijuana possession in Florida are often reasonably flexible. For example, if you are charged with a misdemeanor, the judge could give you probation or could send you to jail for up to one year. That flexibility allows the judge to take varying mitigating and aggravating circumstances into account.

Because sentences are flexible, though, this also means that experienced drug possession attorneys can potentially negotiate for a reduced sentence with the prosecutor. However, this is only possible if you act quickly and avoid admitting your guilt when arrested. If you are charged with marijuana possession in Florida, the first thing you should do is insist upon your right to consult with an attorney and call our law firm right away.

Contact Taracks & Associates as Soon as Possible

If you are arrested for marijuana possession in Florida, the attorneys at our law firm may be able to help you avoid jail time, large fines, or other serious penalties.

Don’t delay after an arrest. Contact Taracks & Associates at 813-281-2897 immediately to schedule a free consultation with an experienced criminal defense lawyer in Tampa.