At Moses and Rooth Attorneys at Law, our Orlando synthetic marijuana lawyers protect the rights of individuals throughout Central Florida. If you are a smoke shop owner charged with selling synthetic marijuana, or if you have been charged with possession of synthetic marijuana or spice, you need effective defense to fight the charges and avoid jail. The drug crime defense attorneys at our firm provide the effective defense you need.
Florida Laws Governing Synthetic Marijuana
Although Florida marijuana laws have a history of strong enforcement, some entrepreneurial manufacturers utilized a recently closed loophole in these laws. That loophole allowed people to manufacture, buy, and sell synthetic marijuana. Commonly referred to as K2 or spice, synthetic marijuana still remains a popular alternative to traditional weed. However, a change in Florida law criminalized the sale and use of all synthetic marijuana.
Current state law expressly bans use and sell of “any material that contains” a set list of “hallucinogenic substances.” Trying to bar as many illicit substances as possible, Florida legislators wrote an exhaustive list of compounds that could be manipulated to create a synthetic high. This new law explicitly includes some of the key components of K2, such as JWH-018 and JWH-073. By every legal definition, smoking or selling synthetic pot is a criminal offense in Florida.
Potential Penalties if Convicted
Like other drug charges, possession and/or sale of synthetic marijuana is handled seriously under state law. And similar to many other drug charges, the criminal penalties you could face for synthetic marijuana vary depending on the amount involved. There are generally two categories of K2 possession charges:
- Possession of less than 3 grams – could result in up to 1 year in prison, up to 1 year probation, a maximum fine of $1,000.
- Possession of more than 3 grams (3rd degree felony) – could result in up to 5 years in prison, up to 5 years probation, a maximum fine of $5,000.
Additionally, mandatory sentencing laws may apply if you are found guilty or plead guilty (called “guilty adjudication) to these charges. Regardless of the amount of synthetic pot, a guilty adjudication will result in a two-year driver’s license suspension. This penalty is part of Florida’s mandatory minimum sentencing laws, and will be added to any other penalties upon conviction.
Beyond simple possession, you could face charges for selling synthetic marijuana. Even if you purchased this substance before the change in the law, it is now illegal to sell (or possess) it. This is particularly important for smoke shop or convenience store owners to keep in mind since many such stores commonly stocked K2 before the law changed. Like with possession changes, how much synthetic weed you sell will determine the severity of the charge and penalties.
Regardless of the charges you are facing, it is important to take steps to defend your case. Prosecutors must prove you committed an offense “beyond a reasonable doubt,” and they must also show that you knew you possessed or sold an illegal substance. Your defense strategy should focus on the specific facts in your case, which an experienced drug lawyer can help craft.
Charged With Marijuana Possession? Act Fast.
As former prosecutors now focusing solely on criminal defense, we stress to our clients that time is of the essence in drug crimes cases. When we become involved in your case in a timely manner, we are given an opportunity to evaluate the details of your case and analyze all evidence pertaining to the case. We have experience with various legal components related to drug crimes, including traffic stops, search and seizure law, interrogations and law enforcement interaction. Whenever possible, we attempt to have evidence thrown out based upon unlawful conduct by law enforcement.
Whether we are negotiating a plea bargain or fighting fiercely for you at trial, we are dedicated to protecting your rights and future.
Call an Orlando Synthetic Marijuana Lawyer Today
When facing marijuana charges, you are going to have justifiable concerns about your case and your future. At Moses & Rooth, we take time to listen and thoroughly address our clients’ questions and concerns. Both of our defense lawyers are former prosecutors. This means that we know how prosecutors handle drug cases. We will use that special knowledge to create a strong defense in your case. If appropriate, we will work to negotiate a deal to lower your charges or decrease penalties when possible. Want to learn more? Contact our Orlando office today for a free initial consultation.