Penalties for Possession of Marijuana under 20 Grams in Florida

Understanding the Consequences of Possessing Small-Quantity Cannabis in Florida

Florida Statutes Chapter 893 highlights the state’s position on drug possession. Per its provisions, the use of controlled substances such as marijuana (cannabis) for medical purposes is legal. However, it criminalizes possession of marijuana as a recreational drug, setting out steep penalties for the offense.

Astonishingly, you don’t need to have a large quantity of cannabis in your possession to be guilty of this offense. Possessing the tiniest amount of recreational cannabis (even less than 20 grams) can put you in trouble with the law. While the penalties increase with the amount of marijuana, the consequences of having below 20 grams are still severe and life-altering. A thorough understanding of the consequences of this offense will help you put things in perspective.

So, in this article, we’ll enlighten you on the offense of possession of marijuana under 20 grams, focusing on its penalties. However, let’s begin with clarifying the concept of “possession” as an essential element of the offense.

What Does Possession Mean in a Florida Possession of Marijuana Charge?

Actual vs. Constructive Marijuana Possession in Florida

Possession in marijuana-related offenses means having, holding, or exercising control over cannabis in some way. This is the most essential element of this crime. Consequently, law enforcement doesn’t have to prove that you own the controlled substance found on you — they just need to show that you were aware of the presence of the drug.

In Florida, possession may be “actual,” “constructive,” or “joint.” Actual possession means that marijuana was found on your person or within immediate reach. For example, having cannabis in your hand, pocket, or handbag is deemed actual possession. Many times, a body search or frisk is all law enforcement needs to find actual possession of marijuana.

On the other hand, constructive possession connotes that marijuana wasn’t found on your person, but you were aware of and had control over where it was hidden. For example, if you hide cannabis in a lockbox and have the key to it, you have constructive possession of the substance.

Finally, joint possession means that at least two persons exercise control over the drug. For example, if you and your friend were caught sharing a cannabis cigarette, both of you have joint possession. However, each person will be deemed to have actual possession of the same cannabis.

What Are the Consequences Associated with a Charge of Possession of Marijuana under 20 Grams in Florida?

Understanding the Risk of a Possession of Marijuana under 20 Grams Conviction in Florida

Possession of marijuana under 20 grams is a first-degree misdemeanor which carries the following penalties:

Jail Term and Probation 

Individuals convicted of possession of marijuana under 20 grams may be sentenced to a maximum jail term of 1 year. They may also face probation for up to 12 months, which makes them subject to random drug tests.

Fines

Possession of marijuana under 20 grams carries a maximum fine of $1,000 (section 775.083 of Florida Statutes). Convicts may also be mandated to cover the costs of prosecution, supervision, and other fees.

Driver’s License Suspension 

Per Section 322.055 of the Florida Statutes, marijuana possession convicts 18 years old and older will have their licenses suspended. The license suspension period is 6 months or until the individual is evaluated for and completes an approved drug treatment and rehabilitation program.

Other Penalties 

Individuals convicted for possessing marijuana below 20 grams may be at risk of other consequences, including administrative and social repercussions. For example, a conviction for drug-related charges will make you unqualified for specific government positions and public housing. It may also affect your eligibility for certain state financial aid, including the Bright Futures Scholarship. Furthermore, a conviction for marijuana possession can significantly affect your academic prospects.

What Should I Do when Charged with Marijuana Possession of under 20 Grams in Florida?

Essential Steps to Take Following a Drug Possession Arrest or Charge

While an arrest for marijuana possession can be alarming, it’s important to be calm during this process to avoid making irrational decisions. It’s also helpful to know that there are numerous defenses you can leverage to secure your freedom. For example, you can challenge the legality of the traffic stop or search that led to your arrest. If successful, you’ll be able to suppress any evidence that law enforcement obtained from the illegal processes.

However, the strength of your defense strategy depends a great deal on the quality of the attorney you hire. That’s why you should leave no stone unturned in screening experienced and dedicated defense lawyers to represent you. Also, ensure that you speak to your attorneys as early as you can to avoid making incriminating statements to police officers.

Apart from contacting your legal team, the following actions will always help to improve your chances of a successful case dismissal or acquittal:

• Remain calm and cooperative with law enforcement, politely answering necessary questions (however, refuse to comment on the drugs without your attorney’s approval)
• Never admit guilt
• Gather as much evidence as you can to support your case
• Document all of the occurrences leading up to the arrest and after, as much as you remember.

Speak to Our Florida Marijuana Possession Attorney Today

Let Us Help You Take Charge of Your Future and Fight for Your Freedom

Now that you understand the consequences of marijuana possession below 20 grams, you should do everything possible to avoid a conviction. Essentially, this means contacting our dedicated drug charge lawyers to mount a solid defense on your behalf.

At Taracks & Associates law firm, we understand what a conviction for drug possession of any amount can do to you, so we’ll fight aggressively for your rights. Regardless of your case’s complexities, you can trust us to go the extra mile to secure the best outcome for you. This is evident in our impressive track record of successfully handling cases like yours.

If you’ve been charged with marijuana possession, entrusting us with your defense is the wise decision to make. Get started by dialing (813)-281-2897 to book a free consultation with us now.