“Have you Been Charged with Marijuana Possession and Need a Great Lawyer in Clearwater, Florida?”
Eventhough Floridians recently voted in favor of legalizing marijuana for medical purposes, it is important to understand that recreational use and marijuana possession is still illegal under Florida state law. This is true even in cities in which marijuana has been declared lawful. In Pinellas and Hillsborough County, Florida, prosecutors have a reputation of being tough on drug possession charges at both the misdemeanor and felony levels. It is vital if you are suspected or accused of marijuana possessionthat you seek the advice and counsel of an experienced criminal defense lawyer at Powers Sellers and Finkelstein.
Whether it is your first charge or you are an alleged repeat offender, a conviction can result in eviction, jail time and irreparable damage to your reputation. Our team knows the legal issues that come up in marijuana possession charges and other drug cases from experience. We know how to create persuasive arguments for you, and we have a solid history of getting results! If you or a loved one has been charged with marijuana possession or another drug offense in Florida, our Clearwater marijuana possession attorneys are ready to help. We also assist people needing a trafficking lawyer or assistance with fighting different types of drug charges.
Call us for a free evaluation at (727) 531-2926 anytime, 24-7!
Florida Marijuana Laws & Penalties for Possession:
If you’ve been charged with marijuana possession in Pinellas or Hillsborough County, undersstand that Florida defines possession as the ability to exercise the right to own, manage or control the drug. In Florida, a person can be convicted of a possession offense if he or she was in actual or constructive possession of a drug. Actual possession means that the defendant has the drug on his or her person, in a container or in a nearby location while being in control of it. The defendant must have exclusive control over the drug. Constructive possession occurs when the drug is not on the defendant’s person but when the defendant has control over the drug or has otherwise concealed it.
To establish constructive possession, the prosecution must establish that the defendant has dominion or control over the drug and knows where the drug is. The knowledge of its presence can be inferred or assumed when the defendant has exclusive control over it.
Under Florida law, two or more people may be in possession of the same drug, such as when multiple people occupy a residence together. However, the prosecution is responsible for establishing that the named defendant has control over it.
Penalties for marijuana possession in Florida include:
|20 grams or less||Misdemeanor||1 year||$ 1,000|
|More than 20 grams – 25 lbs||Felony||5 years||$ 5,000|
|More than 25 – less than 2000 lbs||Felony||3 (minimum) – 15 years||$ 25,000|
|2000 – less than 10,000 lbs||Felony||7 (minimum) – 30 years||$ 50,000|
|10,000 lbs or more||Felony||5 (minimum) – 30 years||$ 200,000|
|Less than 25 plants||Felony||5 years||$ 5,000|
|25 – 300 plants||Felony||15 years||$ 10,000|
|300 – 2,000 plants||Felony||3 (minimum) – 15 years||$ 25,000|
|2000 – 10,000 plants||Felony||7 (minimum) – 30 years||$ 50,000|
Within 1000 feet of a school, college, park, or other specified areas Felony 15 years $ 10,000
Marijuana Possession Defenses and What to Expect
Many defenses in marijuana possession cases relate to how police officers discovered the marijuana and obtained any other proof they want to use against you. Law enforcement officers may not merely stop and search people for no reason. They also may not enter people’s homes without a warrant unless there is a situation in which an exception to the warrant rule applies. When officers don’t follow the rules, any evidence obtained from unlawful stops and searches is very likely to be kept out of court.
If you’re charged with marijuana possession, either for personal use or with intent to sell, our expert marijuana possession defense attorneys can determine which defenses might apply to your case. Some defenses challenge the stated facts, testimony or evidence in the case; others target procedural errors, and some defendants challenge marijuana possession charges on the basis of an affirmative defense.
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