Possession of Marijuana Charges in Florida

Even though many states are working to decriminalize marijuana or have laws revolving around the permissible use of medical marijuana, it is classified as a Schedule I controlled substance in the state of Florida. Under Florida Law, it is a crime to be in possession of any controlled substance, including marijuana. This means that if someone does not have a valid prescription for medical marijuana, they could be arrested if they are found to be in possession of even a small amount of marijuana. Depending on the alleged amount of marijuana an accused individual possessed at the time of arrest, there could be misdemeanor charges filed, or even felony charges. Further, these types of arrests can be even further complicated, since hemp, which is legal in Florida, is difficult to differentiate from marijuana with high amounts of THC oil compared to low THC concentrate. Especially for law enforcement officers who may not have the proper training or tools to do so. Even when law enforcement genuinely believes they have correctly identified high THC marijuana, they may be wrong. If you have been charged with marijuana possession, you should consult with a skilled drug crime attorney, who will thoroughly investigate the facts of the case and work with you to formulate a defense strategy that will get you the most favorable outcome in your case.

The use of medical marijuana has opened the door for discussions on how it can be used to help patients with debilitating conditions. While the state continues to go back and forth about passing a constitutional amendment regarding the full legalization of marijuana, at this point in time, it is not legal for those without a medical marijuana card issued by a qualified doctor. This does not mean that we can’t help you with the charges you are facing from your arrest involving marijuana. Our attorneys at Parikh Law, P.A. excel in these types of cases and can help you fight these charges. Contact us today to set up a free consultation to discuss your legal options and let us aggressively stand up to the prosecution to protect your freedom. 

Is Weed Legal in Florida?

We are often asked, “Is marijuana legal in Florida?” Under federal law, marijuana is still illegal, though Florida’s laws only allow those who are a part of the medical marijuana use registry medical marijuana use. Under Florida marijuana laws, it is illegal to use marijuana except for medical marijuana patients who have qualifying conditions diagnosed by a qualified physician issuing the appropriate certification for these permissions.

Florida laws also forbid the purchase of medical marijuana for recreational use. Even if someone legally obtained cannabis by using their card from the medical marijuana use registry, it is illegal to transfer weed to someone without a medical marijuana card.

Essentially, if you are using cannabis in any form without the issuance of a qualified physician, then you are engaging in illegal conduct. When a physician determines that medical marijuana would be beneficial for a patient, they can issue the approval that would allow them to purchase medical marijuana without violating marijuana laws in the state.

The potential for marijuana to be legalized is up and coming on the 2024 ballot. Florida voters from Broward County to Palm Beach County and beyond will have the opportunity to vote for changes to Florida law that may make it available for all adults to legally use instead of only medical marijuana use. For now, it remains illegal for those who do not have issuance of a medical marijuana card.

Understanding Possession Under Florida Law

The word “possession” can be interpreted in a myriad of ways. It is important to know how it is defined in the eyes of the law. Florida Statute defines it as holding or having the ability to own, manage or control an item. If a person is found to be in actual or constructive possession of marijuana that is non-medicinal and/or not prescribed, they could face possession charges. Medical marijuana has specific requirements that only permit its usage when a patient is evaluated by a licensed physician who has fulfilled the obligations of required training for its issuance and is registered through the Florida Department of Health.

Actual possession means that an accused person has the drug on their person at the time, or has it concealed within proximity to them. In situations like this, the defendant must be solely in control of the drug.  Constructive possession, on the other hand, occurs not when the accused has the drug on their person, but has exclusive control of it in some other way or has hidden it somewhere not within proximity. For the State to prove constructive possession, they are required to prove that the defendant has control over the marijuana and has knowledge of where it is. Even further, if there are multiple people living in the same home, and one person is accused of marijuana possession, the other residents may also be charged. This is called joint possession, according to marijuana laws in the state.

Potential Penalties

The type of penalties someone faces if convicted guilty of possession of marijuana depends on how much weed they are found to be in possession of as well as in what form the marijuana is. Additionally, if the offense takes place within one thousand (1,000) feet of a school or other drug-free area, penalties are increased. In the state of Florida, possession of less than twenty (20) grams of marijuana is considered a first-degree misdemeanor. Some of the tentative penalties for this offense include a maximum sentence of up to one (1) year in jail, up to one (1) year of probation, and fines as high as $1,000. Possession of twenty (20) grams or more of marijuana, on the other hand, is classified as a third-degree felony. A person found guilty of this crime could be facing penalties such as up to five (5) years in prison, up to five (5) years of probation, and fines as high as $5,000. In cases where someone is found to be in possession of over twenty-25 (25) and less than two thousand (2,000) pounds, penalties could include up to fifteen (15) years in prison and fines as high as $25,000.  Possession of two thousand (2,000) pounds, but less than ten thousand (10,000) pounds is punishable by up to thirty (30) years in prison and fines as high as $50,000. If a person is found to be in possession of more than ten thousand (10,000) pounds of marijuana, they could be looking at as many as thirty (30) years in prison and fines up to $200,000. 

Florida also considers hash and concentrates as Schedule I narcotics. Possessing these items can result in third-degree felony charges. Penalties can include up to five (5) years in prison and fines as high as $5,000.

Possession of paraphernalia is also punishable by law. It is considered to be a misdemeanor offense. Some of the penalties imposed are up to one (1) year in jail and fines up to $1,000.

Possession of plants is also a crime in Florida. The severity of the charge depends on the number of plants. Possession of twenty-five (25) plants or less is punishable by up to five (5) years in prison and a maximum fine of up to $5,000. Consequences for possession of two thousand (2,000) plants or more can leave a person facing up to thirty (30) years in prison and fines up to $50,000.

While misdemeanors will still carry penalties, the punishments for felony crimes are much more serious. Prison time, fines, license suspension, community service, and probation are all monumental, but even after time has been served and dues have been paid, the felony on your record could stick with you forever. You could have issues in important aspects of life such as voting, child custody, employment, renting/buying property, and even more. It’s not fair that these consequences can impact so much of your life, especially if there was a misunderstanding on your part. 

You should know that whether it’s your first offense, your third offense, or any subsequent cannabis arrest, we will stand by you and help you fight these charges. Florida is one state that keeps marijuana illegal without a medical marijuana card, and while the laws may soon shift, we are confident that we can be of assistance in protecting your future and your freedom.

Medical Marijuana and Florida Marijuana Laws

Marijuana laws in the state currently allow for the use of medical marijuana to treat specific conditions. You must have a debilitating condition from a list of acceptable conditions under state law or a terminal condition diagnosed by a physician. These conditions include:

• Acquired immune deficiency syndrome (AIDS)
• Positive status for human immunodeficiency virus (HIV)
• Cancer
• Glaucoma
• Epilepsy
• Post-traumatic stress disorder (PTSD)
• Amyotrophic lateral sclerosis
• Parkinson’s disease
• Crohn’s disease
• Multiple sclerosis
• Chronic nonmalignant pain
• Medical conditions that are the same type or class as the ones listed above

It is important that only a qualified medical professional make these evaluations. They can not issue permission for the use of medical marijuana for patient personal use when it is for recreation rather than for health necessity. 

Are Possession of Marijuana Charges Defendable?

Being found guilty of a crime of any severity will have an impact on your life. This makes it imperative to have an experienced criminal defense attorney who truly cares about your future. Having a qualified, compassionate attorney representing you maximizes the chances of your charges being reduced or even dismissed completely. Attorney Rahul Y. Parikh will thoroughly examine all of the evidence in your case to determine the defenses that are most suited to your situation. Some plausible defenses to possession of marijuana charges include:

• Unlawful search and seizure
• Lack of knowledge
• Medical necessity
• Valid prescription
• Temporary possession
• Improper law enforcement training and/or tools

Let Us Fight for You! Going up against prosecutors, experts, witnesses, judges, and law enforcement officers is no simple task. These people have spent their entire lives training, studying, and participating in court proceedings. When an accused person tries to go it alone, they are running the risk of being railroaded through the process and ending up stuck with the harshest sentences possible. We understand all the tricks the prosecution will try in the courtroom to throw the book at you and will stop at nothing to protect you from these tactics. We provide a free consultation that can help you fully understand your legal rights when facing these charges. Take advantage of the chance to gain insightful legal knowledge and find out how we can be of service when defending your case.

Why Choose Parikh Law, P.A. to Defend You from Florida’s Marijuana Laws

Attorney Rahul Y. Parikh is committed to defending his clients to the absolute fullest and ensuring they are not getting the short end of the stick. He and his team will always work to make sure you are informed throughout the entire process. Being accused of a crime is already an extremely stressful situation. The team at Parikh Law, P.A. aims to remove as much of that stress from people’s shoulders as possible. Everyone deserves a fair shot. No matter how challenging a case is, Attorney Rahul Y. Parikh and his staff continue to make sure that clients get that shot. 

Medical marijuana is currently the only legalized form of cannabis. You must be a patient under the care of a legitimate Florida doctor to gain legal access. While the laws in Florida are rapidly changing and recent changes may mean the sale of cannabis becomes legal for all regardless of medical conditions, Parikh Law, P.A. will continue to fight for you. There are many ways we can come to your defense against these charges, especially if it was only your first offense. 

Do not let a mistake complicate and damage your life. There are many ways we can help you if you were charged with having marijuana in your home, car, or on your own person. Often, we find the prosecution loves to try to use intent to sell when someone has such small amounts that it seems more likely it is for personal use rather than distribution. Rest assured, we will not leave you high and dry to fight these charges. If you or a loved one is currently facing any type of marijuana possession charges because of state or federal marijuana laws, we would love to hear from you. All initial consultations are free and absolutely confidential. Schedule yours today to see how we can assist you.