What Are The Penalties For Marijuana Possession In Florida?
The War on Drugs is a term that all politicians, regardless of ideology, use regularly to push different agendas. In a state like Florida, this policy resulted in severe penalties for any type of drug-related crime. If the police catch you with drugs in your possession, it is crucial that you immediately consult with a legal expert before you talk with any authority.
Drug-related crimes are a highly complex part of the Justice System. Even if you only had cannabis, that doesn’t mean that your penalties will be easier. Contact an Orlando Drug Lawyer for legal guidance. Here is what you should know about marijuana possession in Florida!
What Type Of Possession Do You Have?
Under Florida law, there are two types of substance possession: actual possession and constructive possession. Each of them refers to police authorities finding drugs on you. However, depending on what type of possession you have, your penalties can differ.
The first type of possession means that the controlled substance was in a place only you had access to. For example, your bag, pocket, and car (if registered in your name) are places where it can be determined beyond a reasonable doubt that those drugs were yours. In this case, penalties can be severe, and consulting with a lawyer is highly advised before making any statements.
The second type is constructive possession. This means that the places authorities found drugs are communal, and others have access to it. For example, someone else’s car or other people around you may convince the jury that you had no involvement with those substances. It is not illegal to be around people that consume, so don’t get intimated in court. A skillful attorney will be able to dismiss your case if you only had light substances, like marijuana, in your vicinity.
How Severe Are Marijuana Possession Penalties?
The consequences of drug crime penalties depend drastically on the charges against you. How heavy was your controlled substance? How much of it did you have? Did you intend to sell it? And so on. Usually, prosecutors will try to amp up your charges, so listen to your attorney before you admit to anything.
According to Florida Law, possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of one-year imprisonment and a maximum fine of $1,000. Possession of more than 20 grams can get up to a maximum of five years in jail and a maximum fine of $5,000. Accusations of delivery, sale, and trafficking can increase your fines and charges, so make sure you take your charges very seriously and ask for legal help.
What Is the Mandatory Minimum Sentence, and How Will It Affect My Case?
According to Florida Statutes Chapter 775, the state has the right to determine a minimum mandatory sentence for all drug-related crimes. Each case comes with its own particularities. However, for marijuana possession, if you had more than 25 grams on you, then it is automatically considered a felony punishable by three years in jail and a $25,000 fine. In that case, discuss a plan with your lawyer and see what solutions you can come up with. Protect yourself and your rights and look for legal assistance if you have committed or were falsely accused of a drug crime.