Marijuana laws in Florida are strict, and illegal possession penalties can be severe. Anyone living in or visiting Florida should understand the law before they learn the hard way, by being arrested.
This article addresses whether you can be charged with a felony for marijuana possession in Florida. At Stechschulte Nell, Attorneys at Law, we believe that everyone should know how the law will apply to them if they are unexpectedly charged with a crime. In this article, we explain the applicable statutes, the various levels of felony charges and their associated penalties.
We also cover the most effective defenses that may apply to the circumstances in your case. Stechschulte Nell has extensive experience successfully representing defendants charged with marijuana-related crimes, including a wide range of cannabis-related felonies. Contact our Tampa office for help with your marijuana criminal possession charges.
Applicable Florida Statutes
In Florida, marijuana possession is governed under Florida Statutes, Chapter 893. Specifically, sections 893.13 and 893.135 cover various offenses related to controlled substances, including marijuana.
- Section 893.13 deals with the possession, sale, or delivery of marijuana.
- Section 893.135 addresses drug trafficking, which includes possession of large quantities of marijuana.
Levels of Felony Marijuana Possession
Marijuana possession can lead to misdemeanor or felony charges, depending on the quantity possessed. Felony charges for marijuana possession in Florida can be categorized into two levels:
Third-Degree Felony:
- Applicable Statute: Fla. Stat. § 893.13(6)(a)
- Quantity: More than 20 grams but less than 25 pounds of marijuana.
- Penalties: A third-degree felony carries penalties of up to 5 years in prison, 5 years of probation, and fines up to $5,000.
First-Degree Felony:
- Applicable Statute: Fla. Stat. § 893.135(1)(a)3
- Quantity: 25 pounds or more, or 300 or more marijuana plants.
- Penalties: A first-degree felony is punishable by up to 30 years in prison and fines up to $200,000.
Specific penalties depend on the exact quantity:
- 25 pounds to less than 2,000 pounds, or 300 to less than 2,000 plants: Minimum mandatory sentence of 3 years and fines up to $25,000.
- 2,000 pounds to less than 10,000 pounds, or 2,000 to less than 10,000 plants: Minimum mandatory sentence of 7 years and fines up to $50,000.
- 10,000 pounds or more, or 10,000 or more plants: Minimum mandatory sentence of 15 years and fines up to $200,000.
Defending Felony Marijuana Charges
An experienced and knowledgeable Florida criminal defense lawyer can use various strategies to defend clients against felony marijuana charges. The defense approach pursued in each case depends on the specific circumstances of the case, including the amount of marijuana involved, how it was found by the police, and any prior criminal history of the defendant.
Here are a few common defense strategies:
Unlawful Search and Seizure
The Fourth Amendment to the US Constitution and Section 12 of the Florida Constitution protect against unreasonable searches and seizures by state officials. If law enforcement agents conducted an unlawful search or seizure, any evidence obtained may be inadmissible in court.
At Stechschulte Nell, Attorneys at Law, our experienced defense lawyers closely examine the circumstances of the search and seizure to determine if police followed proper legal protocols. If a violation is found, a motion to suppress the evidence can be filed to keep the illegally obtained evidence out of court.
Lack of Possession
To secure a conviction, the prosecution must prove beyond a reasonable doubt that the defendant knowingly possessed the marijuana. Possession can be actual or constructive. That means that possession may still be found even if the defendant kept the marijuana under lock and key blocks from their home. Marijuana does not necessarily need to be on your person to be in your possession.
Possession requires that the defendant can exercise dominion and control over the object. If the defendant knows they have the only key to the locked container with the marijuana, they are in dominion and control of the drugs. However, if more than one person has a key, then both may be in constructive possession.
The lawyer would argue that the defendant did not have control over the marijuana or was unaware of its presence. This defense is particularly effective in cases involving multiple occupants in a vehicle or shared living space.
Medical Marijuana Defense
Florida law permits the use of medical marijuana for qualified patients with certain medical conditions. If the defendant is a registered medical marijuana patient and complies with state regulations, the defense would present evidence of lawful medical use.
Entrapment
Entrapment occurs when police or government agents induce an individual to commit a crime they would not have otherwise committed. The defense can argue that the defendant was coerced or persuaded by law enforcement to possess or sell marijuana. This defense is relatively rare and requires the defense to show that the crime would not have been committed “but for” the prodding of the government agents. Typically, this is a forceful defense when the defendant has no prior criminal record.
Duress or Coercion
If the defendant was forced to possess marijuana under threat or harm, this could serve as a defense. While this defense is also rare applicable, a scenario involving domestic violence, drug gang terrorism, or organized crime could use this defense to substantial effect.
An experienced Florida criminal defense lawyer would gather evidence to demonstrate that the defendant acted under a genuine threat and fear of serious bodily harm. If the case involved a significant power imbalance in addition to the threats, the defense would become that much stronger. Criminal culpability requires that the defendant act voluntarily. This defense challenges the defendant’s voluntary participation in the alleged criminal activity.
Mitigating Circumstances and Plea Bargains
In some cases, presenting mitigating circumstances can lead to reduced charges or lighter sentences. Every case involves a different set of facts and different individuals. When the combination of facts and the personal circumstances of the defendant suggest that their conduct was contrary to their character, the case can warrant leniency. Similarly, if the government’s evidence is strong with respect to one charge but less strong as to other charges, a negotiated plea often includes dismissal of the charges in exchange for a favorable disposition.
In these negotiations, skilled criminal trial lawyers have years of practice negotiating with the prosecution. We may highlight factors such as the defendant’s lack of criminal history, employment status, family responsibilities, troubling health issues, or addictions to seek a plea bargain or alternative sentencing options like probation or drug treatment programs.
Read More > Florida Law: Marijuana Possession
Getting the Right Marijuana Felony Defense Lawyer
Florida marijuana law continues to include a complex set of categories making some possession legal and other possession illegal. Given the right circumstances, a marijuana charge could carry up to 30 years in prison. Only the most experienced and knowledgeable Florida marijuana defense lawyers should be trusted with your freedom.
In Hillsborough County and Pinellas County, and throughout west central Florida, Stechschulte Nell, Attorneys at Law are prepared to bring decades of experience to ensuring you receive the best legal defense possible given the facts of your case. Call 813-280-1244 today.
