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Possession of Marijuana Charges in Florida
In the State of Florida, it is illegal to possess any amount of marijuana. Depending on the weight of marijuana in your possession, you may be charged with either a misdemeanor or a felony. The penalties will depend upon the amount of marijuana in your possession at the time of arrest:
- If you have under 20 grams of marijuana, you are facing a first degree misdemeanor with penalties including up to one year in jail, a $1000 fine, 12 months of probation and mandatory two year suspension of your driver’s license.
- If you have over 20 grams of marijuana, you can be charged with a third degree felony, punishable by up to five years in prison, 5 years of probation, a $5000 fine, and a mandatory two year suspension of your driver’s license.
Contact our firm today to fight the marijuana charges brought against you!
What are Some Possible Defenses to Possession of Marijuana?
In every drug crime case, our firm looks for potential defenses to get your charges dismissed or reduced. There are many possible defenses you can raise, including:
Illegal Search/Seizure: Did the police exceed their lawful authority in their search of you, your vehicle, or your home? Were you forced or tricked into giving consent? Either of these circumstances could result in the suppression of the evidence found in your case.
A bad-faith search warrant could result in the suppression of evidence in your case. Similarly, a search without probable cause could yield the same result.
Insufficient evidence: Were you in actual or constructive possession of marijuana? For you to have been in actual possession, the State of Florida must prove that the marijuana in question was found on your person. For the State to prove constructive possession, three elements must be met. Those elements are knowledge of the marijuana, knowledge that the substance was actually marijuana, and finally “dominion and control” over the marijuana found.
What should I do after a marijuana possession arrest?
At Taracks & Associates our drug attorney has over 30 years of experience fighting possession of marijuana charges. As a former prosecutor, we know how to spot weaknesses in every case. Our first goal is to get the charges against you completely dismissed, even if they are serious felony charges. Our second goal is to make sure you avoid a conviction and prevent an automatic, mandatory two-year suspension of your driver’s license.
If you have been charged with possession of marijuana, contact a Tampa drug possession attorney at Taracks & Associates today at (813) 990-0599 for a free, confidential consultation. Our legal team will evaluate your case free of charge and help you understand the possible defenses that may be raised.