Miami Marijuana Possession Attorney

Defending Clients Facing Drug Charges in Florida

One of the most popularly used drugs is marijuana, also referred to as cannabis. Typically used for recreational purposes, this drug has also received several nods in the medical community as having medicinal purposes. It, however, is still considered to be an illegal drug in the state of Florida and there are stiff penalties for being caught in possession of such a drug.

What Are the Penalties for Possession of Marijuana in Florida?

In Florida, marijuana possession laws are outlined under state statutes, and they vary based on the amount of marijuana in possession.

Misdemeanor for Marijuana Possession

If you are caught with less than twenty grams of marijuana in Miami-Dade, you will be facing a misdemeanor that carries criminal penalties that include up to one year of imprisonment and a monetary fine of up to $1,000.

Felonies for Marijuana Possession

Possession of more than 20 grams of marijuana or any amount of cannabis concentrate is classified as a third-degree felony. This can result in up to five years in prison, a fine of up to $5,000, or both. Additionally, individuals may face a permanent criminal record, affecting future employment and housing opportunities.

If law enforcement suspects that an individual is possessing marijuana with the intent to sell or distribute, charges can escalate to a second-degree felony, even for smaller amounts. A second-degree felony is punishable by up to 15 years in prison and fines up to $10,000.

The more of the drug that you have in your possession, the more severe the consequences will be. If you have over twenty grams, it will be considered a felony and will be punishable by up to five years of incarceration and a fine of up to $5,000. For possession of over 25 plants, the penalties will include 15 years of imprisonment and a $10,000 fine.

Legal Framework for Medical Marijuana in Florida

In Florida, medical marijuana became legal with the passage of Amendment 2 in November 2016. This amendment allows qualified patients to use marijuana for medical purposes, provided they have a recommendation from a licensed physician.

To be eligible for a medical marijuana card, patients must have one of the qualifying conditions recognized by Florida law. These conditions include cancer, epilepsy, HIV/AIDS, multiple sclerosis and parkinson's disease. Patients must adhere to specific usage guidelines established by Florida law. Any violations related to medical marijuana laws can also result in legal consequences.

Arrested for Pot Possession on 4/20

In the state of Florida, many marijuana enthusiasts take place in an informal holiday known as 4/20. This is observed on April 20 of each year and is a way for those within the cannabis subculture to join together and partake of the drug together.

While the holiday was coined in California in 1971, it has since spread across the country, groups in every state participating. In fact, Tallahassee, Florida has since been named one of the most active spots for 420.

Due to the illegal nature of the activities, law enforcement are often on high alert on this day to track down any participants. For this reason, if you have recently been arrested or criminally charged on 4/20, it is in your best interest to contact an experienced Miami marijuana possession defense attorney to protect your legal rights. Even though possession is typically tried as a misdemeanor, the consequences can be difficult to overcome without the proper amount of aid.

Reach out online to our firm or call us today at (800) 798-0243 for a free consultation.

Defending Against Marijuana Possession Charges

The Law Office of Michael Mirer, P.A. is committed to providing robust defense strategies tailored to the unique circumstances of each case. Some potential avenues of defense include:

• Illegal Search and Seizure: If law enforcement violated constitutional rights during the search and seizure process, any evidence obtained may be deemed inadmissible in court.
• Lack of Possession: It may be possible to argue that the individual did not knowingly possess the marijuana, particularly in cases involving shared spaces or belongings.
• Medical Necessity: For patients with valid medical marijuana cards, demonstrating the necessity for possession due to medical conditions can serve as a defense.
• First-Time Offender Programs: Florida offers programs for first-time offenders that may lead to the dismissal of charges upon completion of certain requirements, allowing individuals to avoid a criminal record.

Get Help from the Law Office of Michael Mirer, P.A.

At the Law Office of Michael Mirer, P.A. we have proven to be successful advocates for the rights of the accused in cases relating to drug crimes. We know how terrifying it can be to deal with the consequences of a criminal charge, especially if you have never had to deal with criminal law before.

To schedule your initial case consultation, please feel free to contact a Miami drug crime defense lawyer from our firm by calling (800) 798-0243 today.

Commonly Asked Questions

Is it Legal to Use Marijuana in Public in Miami?

No, using marijuana in public places is illegal in Florida. Consumption is restricted to private settings.

How Can I Expunge a Marijuana Possession Conviction?

In Florida, certain non-violent marijuana offenses may be eligible for expungement, but specific criteria must be met. Consult with an attorney for guidance on the process.

What Happens if I’m Caught with Marijuana in a School zone?

Possession of marijuana in a designated school zone can result in enhanced penalties, potentially increasing the charge to a felony, even for small amounts.