Miami Possession of Marijuana Attorney

Unauthorized marijuana possession remains a drug crime in Florida. Florida permits qualifying patients to possess and use marijuana under its medical marijuana law, subject to limits and other requirements. If you face a possession charge, a Miami marijuana defense attorney can review whether your possession was lawful and whether the State can prove its case.

Consequences of a Conviction for Possession of Cannabis

  • For adults age 18 or older, a marijuana possession conviction can trigger a driver’s license suspension under section 322.055. The statute provides for six months or the specified drug evaluation and treatment alternative. A court may allow restricted driving for business or employment purposes when compelling circumstances warrant it.
  • 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 are convicted of a felony, you may face ineligibility for specific permits, state licenses, or certifications without registering in a drug treatment program.

Criminal Penalties for Possession of Marijuana

Unauthorized possession of 20 grams or less of marijuana plant material is generally a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. The outcome depends on the evidence, your record, and any available diversion or negotiated resolution.

If you are convicted of the marijuana crime of felony possession, you would face a maximum of 5 years of prison time.
An unlawful marijuana possession case may also involve drug paraphernalia charges involving a pipe, bong, or other item. Possessing an item with a lawful use does not by itself establish the offense; the State must prove its unlawful use or the intent to use it unlawfully.

Felony Possession of Marijuana vs. Misdemeanor Possession of Marijuana

Unauthorized possession of more than 20 grams of marijuana plant material is generally a third-degree felony, punishable by up to five years in prison. The misdemeanor exception for 20 grams or less does not cover extracted cannabis resin or preparations made from it. Possession of more than 25 pounds of cannabis, or 300 or more cannabis plants, can support a charge of drug trafficking under Florida law.

The amount is not the only issue. Even when the amount is 20 grams or less, evidence of an intent to sell can support a felony charge of possession of marijuana with intent to sell. The misdemeanor rule for small amounts applies to simple possession.

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 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 to show that the prosecution’s case doesn’t stand. Examples of affirmative defenses include necessity and coercion.

Common Marijuana Possession Defenses

  • Unlawful search or seizure: A motion to suppress may seek to exclude marijuana or other evidence obtained in violation of your 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 marijuana possession attorneys have represented hundreds of clients in cannabis possession cases. There is a good chance we have represented clients with needs and concerns similar to yours. Browse our criminal defense case results for examples of cases our firm has handled. Past results do not guarantee a particular outcome in your case.

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.

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