Marijuana Possession defense in Florida.

Is marijuana possession a misdemeanor or a felony in Florida?

It depends mainly on weight. Under Chapter 893 of the Florida Statutes, possession of 20 grams or less of cannabis is a first degree misdemeanor, which carries up to 1 year in jail and a $1,000 fine. Possession of more than 20 grams is a third degree felony, punishable by up to 5 years in prison and a $5,000 fine.

Those figures are maximums, not predictions. What actually happens depends on the facts, the person's record and how the case is resolved. When the amount is close to 20 grams, how and when the cannabis was weighed can become one of the most important questions in the case.

Does a medical marijuana card prevent a possession charge?

Not automatically. Registered medical marijuana patients must follow the state rules on purchase and possession. Cannabis bought outside that system, or held by someone who is not a registered patient, can still lead to a charge.

For a registered patient who was arrested anyway, the registration records, the source of the product and what the officer observed are all worth reviewing. A patient card is one part of the picture, not the end of the analysis.

How the stop and search shape a marijuana case

Many marijuana cases begin with a traffic stop, a search of a car or a search of a home. The defense looks at why the officer made contact in the first place, whether there was reasonable suspicion for the stop, and what legal basis the officer relied on to search.

Consent comes up often. Officers frequently ask permission to search, and whether that consent was voluntary, or whether the search went further than what was agreed to, depends on the recording and the circumstances. If evidence was obtained unlawfully, a motion to suppress asks the judge to exclude it, and whether that motion succeeds depends on the evidence.

Possession itself can also be disputed. When cannabis turns up in a shared car or a shared room, the state generally has to connect it to the person charged, not just to the place where it was found.

Diversion and the long view on a first marijuana arrest

Some counties and prosecutors' offices offer pretrial diversion or drug court for eligible first time offenders. These programs are not available everywhere, and eligibility depends on the county, the charge and the person's record. Where a program applies, completing it can change how the case ends, which matters later if sealing the record becomes a goal.

DUI Lawyers Shield Firm handles marijuana possession cases from offices in Orlando and Satellite Beach and also takes cases in Bay County and Broward County. A free case review is a chance to go through the arrest report and the options that may realistically be available.

Other drug offense defense pages

• Cocaine Possession
• Prescription Drug Charges
• Methamphetamine Possession
• Heroin Possession
• Drug Trafficking
• Drug Distribution
• Drug Manufacturing

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.