Miami Possession of Marijuana Attorney

In recent years, there has been a political shift in the United States when it comes to marijuana. Approximately 37 states have passed medical marijuana legislation, and 19 states have outright legalized recreational cannabis consumption.

Under Florida’s marijuana laws, however, possession of cannabis for any purpose is still a drug crime. And if you are caught, you may face some serious consequences. That’s why it is important to retain an experienced Miami possession of marijuana attorney to make sure your rights are protected if you are facing a criminal charge for a marijuana offense.

Consequences of a Conviction for Possession of Cannabis

  • If you receive a conviction for marijuana possession—even for a misdemeanor possession charge—you could receive driver’s license suspension of up to 2 years;
  • If you are caught with more than 20 grams of marijuana, you can be charged with a third-degree felony and face up to 5 years in state prison;
  • If you are convicted of felony possession of marijuana, you will not only face up to 5 years in state prison, but you will also lose your civil rights and right to possess a firearm;
  • If you are a legal permanent resident and you are convicted of possessing more than 30 grams of marijuana, you could be deported;
  • If you receive any marijuana conviction (felony or misdemeanor), you will face a five-year ban on adoption or foster parent eligibility, and after the five-year ban, you will need special review by an adoption review committee;
  • If you are convicted of even a misdemeanor charge, you will be disqualified from receiving both federal and state student financial aid;
  • If you are convicted of a felony, you may face ineligibility for certain permits, state licenses, or certifications without registering in a drug treatment program; and
  • If you receive any drug crimes conviction, you will face a 3-year ban on eligibility for public housing.

Criminal Penalties for Possession of Marijuana

Simple possession of marijuana (less than 20 grams) is a first-degree misdemeanor in Florida. This means that if you are convicted, you could face a maximum penalty of 364 days in jail. If you are a first-time offender, the chances are very low that you would face any jail time, much less months in jail.

If you are convicted of the marijuana crime of felony possession, you would face a maximum of 5 years of prison time.

Felony Possession of Marijuana vs. Misdemeanor Possession of Marijuana

The vast majority of marijuana possession cases in Miami-Dade County are charged as misdemeanors. This is because possession of under 20 grams of marijuana is a first-degree misdemeanor under Florida law. Conversely, possession of more than 20 grams of cannabis is considered a felony. If you possess more than 25 pounds of marijuana, you can be charged with trafficking in marijuana.

If you or a loved one has been arrested or charged with possession of cannabis or possession of marijuana, it is critical to consult with an experienced Miami attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

Constructive v. Actual Possession of Marijuana

Under Florida law, there are two ways a person can possess marijuana: actual possession and constructive possession.

Actual Possession

Basically, actual possession means you had the marijuana on your person, e.g., in your pocket or purse.

Constructive Possession

The concept of constructive possession, on the other hand, means that you had control over the contraband, despite it not necessarily being on your person at the time. Many defendants are under the impression that they must have marijuana on their person in order to be charged. Though it is easier for the state to prove possession in actual possession cases, it is often possible for them to prove their case under a theory of constructive possession. In determining whether constructive possession allegations are valid, courts consider many factors. A good criminal defense lawyer is familiar with the relevant law and can analyze your case to determine how strong or weak the state’s case is.

Defense to a Marijuana Possession Charge

An experienced criminal defense attorney will be able to determine if you have any defenses that might apply in your case if you’re charged with possession of marijuana. The defense may challenge the truth or credibility of the evidence, testimony, or facts presented in the case. In addition, mistakes made by law enforcement officers or other procedural errors may be used as defenses. There are other defenses known as affirmative defenses. Although rare in cannabis possession cases, an affirmative defense is one in which the defendant presents his or her own evidence showing the prosecution’s case doesn’t stand. Examples of affirmative defenses are the defenses of necessity and coercion.

Common Marijuana Possession Defenses

  • Unlawful search and seizure based on a violation of Constitutional rights
  • Drugs belong to someone else
  • Unwitting possession
  • Medical marijuana exception
  • Problems with the chain of custody of the drug
  • Mistaken identity
  • The substance is not marijuana
  • Reasonable doubt and police officer credibility

Contact Experienced Miami Possession of Marijuana Attorneys

Over the years, our Miami possession of marijuana attorneys have represented hundreds of clients in cannabis possession cases. There is a good chance that we have represented clients who shared some of the same needs and concerns that you have. Feel free to browse through the results section of our site for a representative sample of some of our past cases and the results we have achieved for our clients.

By taking the immediate action of hiring a criminal lawyer to defend yourself, you are minimizing the chances that your possession of marijuana case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.


*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.