Of all the drug crimes prosecuted, possession of cannabis in Florida is one of the most common. This is true for two reasons: 1) marijuana use is more common than any other illegal drug, and 2) marijuana is the easiest controlled substance to obtain for young offenders.
Penalties for Possession Cannabis in Fort Lauderdale
(Possession of Marijuana)
The first thing to realize, for those who do not know, marijuana and cannabis are the same thing for court purposes. Possession of cannabis in Florida can be prosecuted as either a felony or a misdemeanor, depending on the quantity. As the nature of the possession of marijuana charge changes, so do the penalties. Accordingly, the penalties for Possession Cannabis in Fort Lauderdale are as follows:
Felony Possession of Cannabis:
- MORE than 20 grams of marijuana (cannabis)
Felony Possession of Cannabis in Florida is 3rd degree felony punishable as follows:
- Up to 5 years in Florida State Prison, or
- Up to 5 years of probation, or
- Combination of prison and probation that does not exceed 5 years, and
- 2 year driver license suspension if convicted, and
- Fine up to $5,000, and
- Mandatory court costs.
Misdemeanor Possession of Cannabis:
- LESS than 20 grams of marijuana (cannabis)
Misdemeanor Possession of Cannabis in Florida is a first degree misdemeanor, which is punishable as follows:
- Up to 1 year in jail, or
- Up to 1 year of probation, or
- Combination of jail and probation that does not exceed 1 year, and
- 2 year driver license suspension if convicted, and
- Fine up to $1,000, and
- Mandatory court costs.
Plea Bargain Agreements in Possession of Cannabis Cases
As a criminal attorney, most people I represent facing possession of marijuana in Florida usually avoid prison, jail, and even probation.
Our track record speaks for itself.
I have never had a client go to prison for a cannabis offense.
In most misdemeanor cases, we are usually able to negotiate plea bargains where clients avoid convictions and only have to pay court costs. When we resolve a possession of cannabis in Florida without a conviction, the client is able to avoid the 2 year driver license suspension and may qualify to have their record sealed, if they have never sealed a record before.
Felony possession of cannabis in Florida is a little different. In those cases, it is almost impossible to avoid a probation sentence. That is because felonies are considered more serious than misdemeanors. However, we have never had a client get a conviction for felony possession of marijuana in Florida. The only people who realistically face a conviction for felony possession of marijuana are those with a criminal record – especially for felonies. That said, almost all of our felony possession of marijuana clients are able to avoid a conviction, avoid jail or prison, avoid the 2 year driver license suspension, and also qualify to have their record sealed, assuming they have never sealed a criminal record before.
Drug Court for Possession of Marijuana (Possession of Cannabis) in Florida
If you are a first time offender, we may be able to get your case dismissed through a court diversion program. In such instances, the penalties for Possession Marijuana in Fort Lauderdale are irrelevant because you will bypass them after successfully completing the program – assuming you qualify.
Depending on the county, most areas offer drug court for possession of marijuana in Florida. If you are a first time offender, drug court may be a smart option. Even though it is a misdemeanor, possession of marijuana in Florida is still a crime. You need to take it seriously.
If you successfully complete drug court, we are able to get your possession of marijuana in Florida charge dismissed by the judge. To do so, you will need to participate in group therapy, pass random drug tests, and perform some other tasks.
Drug court for possession for marijuana in Florida is not hard and you can pass it if you try.
Fighting a Possession of Cannabis Charge in Florida
If drug court is not an option, you may want a criminal attorney to fight your case in a more traditional sense. Defending against possession of marijuana in Florida might entail the following:
- Motion to suppress
- Motion to dismiss
- Plea bargaining
- Trial
Motion to Suppress in a Possession of Cannabis in Florida Case
The reasons why a criminal attorney may file a motion to suppress in your possession of marijuana in Florida case can vary from situation to situation. Some of the most common reasons are as follows:
- Illegal Traffic Stop
- Illegal Search and Seizure
- Failure to Read Miranda Rights
- Police Misconduct
If a motion to suppress is an option in your case, the benefits can be great. In a motion to suppress, a criminal attorney asks the judge to exclude certain evidence because of a violation of law. This can have a devastating impact for the prosecution in possession of marijuana in Florida case.
For example, if the police conducted an illegal search of your car and found marijuana as a result, a criminal attorney can ask the judge to exclude the marijuana from the case. When that happens, the prosecutor has no evidence to admit at trial and is forced to drop the possession of marijuana in Florida charge.