Florida’s marijuana law includes offenses with various levels of severity and associated penalties depending on the amount of marijuana possessed, among other factors. Understanding the law is essential for anyone who might face possession charges in Florida.
If you are charged with illegal possession of any amount of marijuana in central Florida, Stechschulte Nell, Attorneys at Law, has the extensive experience necessary to launch a forceful defense to fight the prosecution’s attempts to obtain a conviction. The skill criminal defense lawyers at Stechschulte Nell analyze the fact of every client’s case to identity the most effective defense strategy to win a dismissal, an acquittal, or a favorable negotiated disposition.
We value our client’s freedom, and we fight to preserve it every day. Contact us today if you need help with a Florida possession of marijuana charge.
How Does Florida Define Illegal Possession of Marijuana?
In Florida, only people with a valid Medical Marijuana Use Registry identification card may legally possess up to 2.5 ounces of smokable marijuana, and a limited number of milligrams of THC for medical use. For those who do not qualify for the medical use card, marijuana possession remains illegal in Florida. However, there are several Florida cities, including Tampa, that have adopted ordinances that reduce possessing 20 grams or less of marijuana to a civil violation rather than a criminal misdemeanor.
Tampa Civil Violation
The civil penalty in Tampa for those charged only with possessing 20 grams or less is $75 for a first offense, $150 for a second offense, and $300 for a third offense. If the civil fine is not paid within 30 days, the person fined may lose the benefit of the reduced charge and face Florida state misdemeanor charges.
Two Types of Possession
The legal definition of possession in Florida includes two types of possession:
- Actual possession
- Constructive Possession
Actual Possession
Actual possession is when someone has physical control over the marijuana. This means the marijuana is on the person’s body, in their hand, pocket, or otherwise directly within their reach. For instance, if marijuana is found in someone’s pocket during a police search, they are considered to have actual possession of the drug. In this scenario, the prosecution needs to prove that the individual was aware of the presence of marijuana and had immediate physical control over it.
Constructive Possession
Constructive possession is more complex and involves situations where the marijuana is not physically on the person but is in a location over which they have control. For constructive possession to be established, two elements must be proven:
- Knowledge: The individual knew that marijuana was present.
- Control: The individual had the ability to exercise dominion control over the marijuana, even if it was not in their direct physical possession.
For example, if marijuana is found in the glove compartment of a person’s locked car parked a block away, constructive possession would be the legal theory argued by the prosecution. In these cases, the prosecution must demonstrate that the person knew about the marijuana and had control over the area where it was found.
The law also allows the prosecution of more than one person for being in constructive possession of the same marijuana. If two people had the key to the car in our example, and there was sufficient evidence to believe both knew the drug was in the car and both had the ability to exercise control over the marijuana, they could both be prosecuted for unlawful possession.
Whether the prosecution’s theory is based on actual possession or constructive possession, the law views the crime with equal seriousness and carries the same maximum penalties.
The significance of the distinction between actual and constructive possession is important in deciding the most effective defense strategy to use in each case. In actual possession cases, a skilled drug defense lawyer’s focus may be on challenging the legality of the search or the circumstances of how the drugs were discovered. In constructive possession cases, an experienced criminal defense lawyer could argue that the individual lacked knowledge of or control over marijuana, especially if the area was accessible to multiple people.
Penalties for Possession of Marijuana in Florida
The penalty imposed in any single case in which the defendant is convicted is always subject to the unique combination of facts and circumstances presented. Factors such as how much marijuana is involved, whether there are related acts of violence associated with the marijuana charge, the criminal record of the defendant, the person’s role in the offense, their age, health, and other life circumstances.
However, the maximum penalties for illegal marijuana possession in Florida are shown here:
- Possessing 20 grams or less: first-degree misdemeanor, up to one year in jail and maximum $1,000 fine. (Or civil violation in Tampa and other select locations)
- Possession of paraphernalia: Misdemeanor, up to one year in jail and maximum $1,000 fine.
- Possessing marijuana within 1,000 feet of a school, college, park or other specified areas: Felony, mandatory three-year sentence and maximum $10,000 fine.
- Possessing from 20 grams: to 25 lbs: Felony, up to five years in jail and maximum $5,000 fine.
- Possessing from 25 to 2,000 lbs of marijuana: First-degree felony, from three to 15 years in jail and $25,000 fine.
- Possessing from 2,000 to 10,000 lbs of marijuana: First-degree felony, from seven to 30 years and $50,000 fine.
- Possessing more than 10,000 lbs of marijuana: First-degree felony, from 15 to 30 years and $200,000 fine.
Possession with Intent to Sell or Distribute
If an individual is found with a larger quantity of marijuana, or if there are other indications of intent to sell (such as packaging materials, scales, or large amounts of cash), the charges become more severe. The difference, of course, is that a person possessing weed for their own use is perceived by the courts and by law enforcement as much less threatening to the peace of the community than a person in the illegal marijuana distribution business.
Police at all levels of government actively search for drug sellers and distributors.
The offense is a second-degree felony in Florida carrying up to 15 years in state prison and a $10,000 fine.
Building a Defense: Challenging the Legality of the Search
A skilled criminal defense lawyer can build a robust defense against marijuana possession charges by focusing on the legality of the search that led to the discovery of the pot. Some of the most effective defense strategies include:
Questioning Probable Cause
If the defense can demonstrate that the officer lacked a warrant or a legally acceptable reason to conduct the search, any evidence obtained as a result can be excluded from trial. This is known as the “exclusionary rule.”
Evaluating Consent
If the police claim the person charged consented to the charge (as some people unwisely do), a skilled marijuana defense lawyer will analyze the circumstances under which consent was given. If there are indications of coercion, misunderstanding, or failure to observe the arrestee’s rights, the consent may be deemed involuntary and the evidence could be suppressed.
Warrant Validity
In cases where a search warrant was issued, the best defense lawyer will analyze every word in the supporting affidavit to search for falsehoods, misstatements, or reliability problems. The warrant also needs to be properly signed by a judge, and accurately describe the specific place to be searched.
One of the key facts we examine is whether the police search improperly exceeded the scope of the warrant. If the police exceed the limited scope of the warrant, evidence discovered during the expanded search can be suppressed.
Read More > Understanding Florida Marijuana Laws
Drug Crime Defense
These are only some of the many defense strategies experienced Florida marijuana defense lawyers use to fight possession of marijuana charges.
Contact Stechschulte Nell, Attorneys at Law for the experienced defense against your Florida marijuana charge. Call 813-280-1244 for a case review today.
