Twenty grams is not even an ounce, but those who are charged with possession of marijuana over 20 grams can be charged with a third-degree felony in the State of Florida. That means that you can face up to five years in state prison for being found in possession of less than an ounce of marijuana.
Florida’s marijuana laws remain among the most stringent in the country, and anyone charged with possession could face serious penalties, especially for felony possession. And while much of the country has shown a relaxed attitude toward the possession of a small amount of marijuana, that isn’t the case in Florida.
If you are facing felony marijuana charges, working with a skilled Orlando marijuana attorney who can help build a strong defense is essential. Understanding your rights and available defenses is key to protecting yourself from potentially harsh penalties.
At Moses & Rooth, our experienced team of Orlando marijuana defense lawyers has extensive experience aggressively defending the rights of clients, and we look forward to discussing what we can do to help protect your future.
Understanding Felony Marijuana Cannabis Charges
Drug possession charges can be found in Florida Statutes 893.13 and 893.147.
In Florida, possessing more than 20 grams of marijuana is a third-degree felony under Florida Statute 893.13(6)(a). This law states that for someone to be in ‘possession,’ they must have the right to own, manage, or control the marijuana.
Florida considers the possession of 20 grams or less of marijuana to be possession for recreational use. Possession of more than 20 grams means that the individual is facing a felony criminal offense and has more serious consequences.
In order to prove the criminal charge of possession of cannabis over 20 grams, the prosecution must present evidence of:
- The illegal nature of the marijuana: The prosecutor must show evidence that the controlled substance was, in fact, cannabis.
- The marijuana weighs more than 20 Grams: The prosecution must present evidence, usually through a lab analyst at Florida Department of Law Enforcement, to show the weight of the marijuana is more than 20 grams.
- Knowledge of the marijuana: The prosecutor must prove that the person knew or should have known about the illicit nature of the marijuana and its presence.
- Control of the marijuana: The prosecutor must show the accused had control over the location and presence of the marijuana.
Penalties for Misdemeanor Marijuana Possession over 20 grams
Possession of more than 20 grams of marijuana is considered a third-degree felony in the State of Florida and is punishable by up to five (5) years in prison, 5 years of supervised probation, and a fine of up to $5,000. Additionally, a conviction for possession of Cannabis will also result in the revocation of your driving privileges for six (6) months by the Florida Department of Highway Safety Motor Vehicles. (Florida Statute 322.055)
Other considerations:
- The penalty for possessing more than 20 grams within 1,000 feet of a drug-free zone or school is considered a second-degree felony. It is punishable by up to 15 years in state prison.
- Sale of marijuana to anyone under the age of 18 is also a second-degree felony.
Possession of Marijuan
“Possession” of marijuana under Florida’s state statute is having, holding, or exercising power or control over an item. They say that “possession” is nine-tenths of the law. In this case, they are correct. Police do not need to prove that you are the owner of marijuana found on your person, in your home, or in your vehicle. They need to prove that you knew that the marijuana was there You will need toand exercised control over it. While this is not necessarily simple, saying that the marijuana “is not yours” will not be an adequate defense under Florida law. You will need to prove that you did not know about it nor have control over it. We often deal with three different types of possession – actual possession, constructive possession, and joint possession.
Actual possession – The marijuana is in your hand, in your pocket or so close to you that you have control over it.
Constructive possession – The marijuana is in a place that you have control over or attempted to hide. To prove constructive possession, the government must show that you had control over the marijuana and that you knew the marijuana was there.
Joint Possession – This is where two or more people have control over the marijuana. Each person who is in control can be considered in possession of the same marijuana.
Defenses to Felony Marijuana Possession
When charged with felony marijuana possession, it is vital to have a defense strategy that can challenge the prosecution’s case. A well-prepared marijuana possession lawyer can explore several defense options based on the facts of your situation.
Illegal Search and Seizure
A common defense involves questioning how the marijuana was discovered. Law enforcement must adhere to strict legal procedures when conducting searches, and any violation of your Fourth Amendment rights can result in the suppression of evidence. For instance, if the police searched your home or vehicle without a valid warrant, probable cause, or your consent, your attorney can argue that the search was unlawful. Additionally, searches conducted outside the scope of a warrant or in violation of procedural rules may also be deemed illegal. If the judge agrees that the search violated your rights, any evidence obtained can be excluded. Without this evidence, the prosecution’s case may be significantly weakened, potentially leading to a dismissal of charges. This defense is a powerful tool in marijuana possession cases.
Lack of Knowledge
You may be able to argue that you were unaware of the marijuana’s presence. This defense is particularly effective in cases where multiple people had access to the location where the marijuana was discovered, such as a shared vehicle or living space. For example, if marijuana was found in the glove compartment of a car you regularly share with others, your lawyer could argue that you had no knowledge of its presence or control over it. Additionally, your attorney may highlight the lack of direct evidence linking you to the marijuana, such as fingerprints or incriminating statements, further weakening the prosecution’s case. Demonstrating reasonable doubt about your awareness can significantly improve your chances of a favorable outcome.
Medical Marijuana Defense
If you hold a valid medical marijuana card, this can be a strong defense against possession charges. The state enforces strict guidelines regarding the amount of marijuana you may legally possess. However, if the marijuana was lawfully obtained from a licensed dispensary based on a valid prescription, your attorney can argue that you complied with all applicable regulations. Evidence such as dispensary receipts or proof of prescription can further support your case. Depending on the situation, this defense may result in reduced charges or even a dismissal.
Constructive vs. Actual Possession
If you actually possess the substance on your person, the State can convict you of a possession offense. You actually possess it if it is on your person. For example, if the marijuana is located in your pocket, in your hand, or in a purse you are carrying—you are said to actually possess the substance. The State does not have to jump through any more hoops to prove you possessed the substance at the time of arrest.
The situation changes if the marijuana is found in a shared space, such as your living room when you have roommates or a shared car. In such cases, to get a conviction, the State must show that you constructively possessed the substance. This means the State must show that you knew the marijuana was there, you knew of its illicit nature, and you had control over it. If they cannot prove all three of these elements, they have failed to prove that you constructively possessed the substance.
Each of these defenses can help undermine the prosecution’s case, making it harder for them to prove you knowingly possessed marijuana. Your attorney will carefully evaluate your situation to determine which defense is most appropriate and work to get the charges reduced or dismissed.
The Role of an Orlando Cannabis Attorney
Facing felony marijuana possession charges is daunting, but having an experienced Orlando cannabis attorney can help you build a strong defense and challenge the evidence presented against you. Your attorney will review every aspect of the case to identify weaknesses in the prosecution’s arguments, whether through procedural errors, lack of evidence, or unlawful actions by law enforcement.
An attorney can also help by negotiating with the prosecutor for reduced charges or penalties, particularly if this is your first offense. In many cases, diversion programs may be an option, allowing you to avoid a conviction and jail time by completing drug education courses or community service. These programs can be particularly useful in keeping a felony conviction off your record.
Furthermore, with Amendment 3 potentially changing the legal status of marijuana in Florida, your attorney will keep you informed of any developments that could impact your case. Whether you’re dealing with current charges or preparing for possible changes in the law, a dedicated attorney will help ensure your rights are protected and work toward the best possible outcome.
Talk to an Orlando Marijuana Possession Attorney Today
While it probably should not even be a crime, the State of Florida has been slow to catch up with lenient marijuana laws and appears unwilling to revisit the issue. For the time being, marijuana possession can cause a serious stain on your record, even if you are only facing marijuana charges. Before you say anything to the police or take a plea deal, you should discuss the matter with a skilled Orlando criminal defense lawyer. Contact Moses & Rooth today.
Marijuana Resources
Florida Statutes 893.13 – marijuana Possession Statute
Florida Statute 322.055 – driver’s license suspension for drug conviction
Florida Statute 893.21 – overdose possession
Some Marijuana Street Terms:
Weed, Hash, Pot, Grass, Mary Jane, Dank, Chronic, Bud, Herb, Flower, Skunk, Rope, Green, Reefer, Ganja, 420, Blunt, Hay