Marijuana Charges

Possession of not more than 20 grams of marijuana (cannabis or pot) is a misdemeanor of the first degree.  If the amount exceeds 20 grams, you are facing a third degree felony punishable by up to 5 years in prison and a fine of up to $5000.00.

If you are in actual or constructive possession of more than 25 pounds of marijuana or more than 300 marijuana plants you will face a Trafficking Charge.  You can also be charged with trafficking in Cannabis if there is evidence that you knowingly sold, purchased, manufactured, delivered or brought this quantity of marijuana into the State of Florida.

Trafficking in Marijuana/Cannabis is a first degree felony punishable by up to 30 years in prison and a fine of up to $10,000.  Furthermore, depending on the quantity with which you are charged, you also face the risk of certain mandatory minimum terms of imprisonment as well as mandatory fines.  For example, the lowest mandatory minimum term of imprisonment for trafficking in marijuana is 3 years if the quantity involved is 25 to 2000 pounds or 300 to 2000 plants.  The corresponding fine for this quantity is $25,000.

A marijuana conviction can lead to several indirect and unforeseen harsh penalties. 

Consequences of a marijuana conviction include:

  • Automatic 1 year driver’s license suspension.  This applies even for a simple misdemeanor possession;
  • Inability to apply for public employment or to obtain or maintain certain certificates, licenses and permits;
  • Bars to adopting a child or becoming a foster parent.

There are many legal defenses to marijuana charges.

Some issues that arise in marijuana cases concern:

–  Whether there were legally sufficient grounds to stop your vehicle;

–  Whether there were legally sufficient grounds to search your person
home or vehicle;

–  Whether there was probable cause for an arrest; and/or

–  Whether there is sufficient proof of possession.

If you are facing a Marijuana Charge, Contact us so we may begin preparing your defense.