Marijuana Charges

Although medical marijuana has been legalized, marijuana remains illegal when it is used recreationally in the state of Florida. Marijuana possession is a common crime, and it is a misdemeanor if you are found with less than 20 grams. However, you can be charged with a felony if you are found with more. At Hanlon Law, Bradenton marijuana crime lawyer Will Hanlon fights for the rights of the accused.

The Florida Medical Marijuana Legalization Initiative went into effect at the beginning of 2017. This law legalized medicinal marijuana for people who have specific incapacitating diseases or comparable debilitating conditions, as determined by a licensed state doctor. Florida Statute 893.13 penalizes the recreational possession of marijuana. If you are convicted, the penalties will depend on how much marijuana was involved.

When you are caught with less than 20 grams of marijuana, a prosecutor can charge you with a first-degree misdemeanor. The judge can sentence you to up to 1 year of incarceration and a fine of $1,000. However, if the police catch you with between 20 grams and 25 pounds of marijuana, you may be sentenced to 5 years’ incarceration and a $5,000 fine. You can be charged with trafficking, a first-degree felony, if you are found in possession of more than 25 pounds of marijuana. A marijuana crime attorney can help Bradenton residents determine the level of charge that they may be facing.

Generally, actual or constructive possession is the least serious of the activities involving marijuana. If you are found selling an amount of marijuana that is less than 20 grams, you will face misdemeanor charges. However, if you sell 25 pounds or more of marijuana, you can be charged with a felony, and if you are caught selling this quantity more than once, you can face many years in prison.

Marijuana trafficking is a felony, and if you are convicted, you will face a mandatory minimum sentence. Mandatory minimum sentences are those over which the judge has no discretion. The amount of marijuana involved will determine the mandatory minimum sentence. If you are charged with trafficking in 25 pounds to 2,000 pounds of marijuana, you are at risk of receiving a mandatory minimum sentence of 3 years in prison. If you are charged with trafficking in 2,000 pounds to 10,000 pounds, you are at risk of receiving a mandatory minimum sentence of 7 years. If you are charged with trafficking in a minimum of 10,000 pounds of marijuana, the court must impose a mandatory minimum sentence of 15 years. All of these penalties can be increased if a drug crime happens within 1,000 feet of a school or park.

You should consult an experienced Bradenton marijuana crime attorney as soon as you realize that you are being investigated for a drug crime. The earlier that our office gets involved, the greater is the probability that we can come up with a strong defense strategy to obtain a favorable outcome. Our firm can examine the situation closely to determine whether there are procedural or substantive defenses that may apply to your situation. We can look at whether your Fourth or Fifth Amendment rights were violated. For example, did the police have a reasonable suspicion of a crime when they pulled you over? Or was the stop based on a hunch? If there was no reasonable suspicion of criminal activity, we may be able to get the evidence from the stop suppressed. Similarly, with some significant exceptions, it is necessary to get a warrant to search your home. If the police did not have a warrant or obtained the warrant without probable cause, we may be able to get evidence of marijuana found in your home suppressed.

Although views about marijuana are slowly changing in Florida and elsewhere, the possession, sale, or growing of recreational marijuana remains a crime for which you can face significant penalties. If you have been charged with a marijuana crime, you should retain an experienced attorney. Will Hanlon has represented the accused since 1994. Call us at 941.253.0254 or complete our online form.