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Possession of Marijuana in Florida

It is a crime to possess any amount of marijuana in Florida and, depending on the amount, you can be charged with either a misdemeanor or a felony.

• Possession of less than 20 grams is a First Degree Misdemeanor, and
• Possession of more than 20 grams is a Third Degree Felony.

And because of the serious consequences for such a simple crime, it is important to know the:

• Penalties for Marijuana Possession and
• Defenses to Marijuana Possession.

Penalties for Marijuana Possession

The possible penalties for marijuana possession obviously depend on whether you are charged with misdemeanor possession or felony possession.

Misdemeanor Penalties for Possession of Marijuana

If convicted of misdemeanor possession of marijuana, you could receive any combination of the following penalties:

• One year of probations,
• One year in jail, or
• A fine of up to a $1,000.

Felony Penalties for Possession of Marijuana

If convicted of felony possession of marijuana, you could receive any combination of the following penalties:

• Five years of probations,
• Five years in prison, or
• A fine of up to a $5,000.

Driver's License Suspension

Finally, regardless of whether you are charged with a misdemeanor or a felony, your Florida driver's license will be suspended for two years if you are adjudicated guilty by the court.

Defenses to Marijuana Possession

There are two primary defenses that are raised in a marijuana possession case:

• Illegal Search and Seizure or
• Insufficient Evidence.

Illegal Search and Seizure

More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search. If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.

Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.

Insufficient Evidence

The prosecutor can only prove a marijuana possession charge in one of two ways:

1. Actual Possession
2. Constructive Possession

Actual Possession

To prove that you actually possessed marijuana, the prosecutor has to show the marijuana was found on your person. So if the marijuana was found in your pocket, the prosecutor would have case of actual possession of marijuana.

Constructive Possession

On the other hand, if the marijuana was found in a place where more than one person had access, the prosecutor would have a much more difficult time proving you possessed the marijuana because they would have to comply with the law of constructive possession.

The law of constructive possession requires the prosecutor to prove distinct elements before you can be convicted:

1. Knowledge of the marijuana's presence;
2. Knowledge the substance was marijuana; and
3. Dominion and control over the marijuana.

Below are scenarios where it could be argued the prosecutor could not meet their burden of proving constructive possession.

Scenario 1: You were stopped while driving a friend's car and police found marijuana in the glove box, they would be unable to convict you of the possession unless they had some proof that you knew the marijuana was there.

Scenario 2: You were stopped while driving a friend's car and police found an old roach in plain view in the ash-tray, they would be unable to convict you of possession unless they had some proof that you knew the old roach was marijuana.

Scenario 3: You were driving your car, had a friend with you, and your friend takes his personal stash of weed and places it at his feet. The police then stop you, see your friend's stash, and arrest both of you. They should be unable to convict you of possession because even though you knew the marijuana was there, your friend is the only person who had dominion and control over it.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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