Marijuana Charges

Whatever the charge, offenses involving marijuana must be taken very seriously. Though you may feel that drug possession should not be illegal, the state of Florida does not share your view. Neither does the federal government, which does not even recognize the legitimate use of medical marijuana.  Hiring a West Palm Beach criminal defense lawyer who will vigorously defend you against your marijuana charges is critical.

The lawyers at the Law Offices of Ian Goldstein will defend you against any drug charges you may be facing in Palm Beach and the surrounding counties. The legal team is aware of how critical it is to fight the charges and preserve your driving privileges. You can trust that your marijuana defense attorney will give your case their full attention and do everything they can to help you.

It's not just the counties of Broward, Palm Beach, and Martin that Ian Goldstein serves in South Florida. To arrange a no-cost meeting, please contact us at (561) 600-0950.

Palm Beach and South Florida Marijuana Defense Lawyer

Whatever the charge, offenses involving marijuana must be taken very seriously. Though you may feel that drug possession should not be illegal, the state of Florida does not share your view. Neither does the federal government, which does not even recognize the legitimate use of medical marijuana.  Hiring a West Palm Beach criminal defense lawyer who will vigorously defend you against your marijuana charges is critical.

The lawyers at the Law Offices of Ian Goldstein will defend you against any drug charges you may be facing in Palm Beach and the surrounding counties. The legal team is aware of how critical it is to fight the charges and preserve your driving privileges. You can trust that your marijuana defense attorney will give your case their full attention and do everything they can to help you.

It's not just the counties of Broward, Palm Beach, and Martin that Ian Goldstein serves in South Florida. To arrange a no-cost meeting, please contact us at (561) 600-0950.

Charges and Statutes for Marijuana Crimes in Florida

In accordance with Florida Statute 893.03, marijuana (also known as cannabis, pot, or weed) is still classified as a Schedule I drug in the state of Florida. This classification means possession and any other act involving the use or sale of the substance is considered illegal in the state.

The Florida Comprehensive Drug Abuse Prevention and Control Act, codified in Chapter 893 of the Florida Statutes, defines the state’s marijuana laws and the penalties associated with charges. Some possible marijuana charges in Florida include:

Possession of Marijuana (under 20 grams)

Possession of less than 20 grams of marijuana is a first-degree misdemeanor under Florida Statute 893.13. In Florida, "possession" can refer to either "actual possession" or "constructive possession." The legal definition "actual possession" of marijuana means the drug was physically present on the person. A person is considered to be in “constructive possession” of a controlled substance when they are physically able to obtain and intentionally possess that substance.

Possession of Marijuana (over 20 grams)

When more than 20 grams of marijuana is found in a person's possession in the state of Florida, it is considered a third-degree felony. The maximum penalty is five years in prison.  Possession could again be either actual or constructive.

Possession of Paraphernalia

Laws regarding marijuana paraphernalia in Florida are the same as those regarding other drugs. According to Florida Statute 893.145, "paraphernalia" includes any instrument, product, or material used or intended to be used in the cultivation, smoking, ingestion, or inhalation of a controlled substance. A few examples of paraphernalia are pipes, bongs, rolling papers, roach clips, and herb grinders. This is also a first degree misdemeanor, punishable by up to one year in jail, and/or a fine of $1000.

Cannabis Cultivation or Manufacturing

Growing marijuana is considered the same as making it, so it falls under the same regulations as selling the drug. Under Florida law (Section 893.13), cultivating or manufacturing marijuana is a third-degree felony.

Trafficking Marijuana in Florida

If you sell, buy, manufacture, cultivate, or are in possession of more than 25 pounds of marijuana or 300 cannabis plants, you are committing the crime of trafficking in marijuana. The severity of the penalties for cannabis trafficking depends on the quantity involved.  Trafficking in marijuana is a first degree felony, punishable by up to 30 years in prison.  The crime also carries minimum mandatory sentences which vary depending on the actual quantity of marijuana possessed.

Penalties for Marijuana Crimes in Florida

The severity of penalties for marijuana offenses depends on the nature of the offense and the quantity of drugs involved. If you receive a conviction for a cannabis-related offense in Florida, your driver's license will be suspended immediately per Florida Statute 322.055, regardless of whether or not the offense occurred while driving. Punishments for other convictions include:

• Public housing ban for 3 years
• Per Florida Statute 790.23, felons are prohibited from possessing firearms for life.
• The elimination of access to state grants and some scholarship opportunities for higher education.
• Government employment ineligible unless participant completes a drug treatment program
• Registration in a drug treatment program for felons is required for some licenses, permits, and certifications.
• In Florida, adopting a child or becoming a foster parent is prohibited for five years.

In Florida, first-degree misdemeanor marijuana offenses carry potential jail sentence of up to one year and fines of up to $1,000, or both. An individual convicted of a second degree misdemeanor may face up to 60 days in jail and/or a $500 fine.

Third degree felonies carry a maximum sentence of five years in state prison, a maximum fine of $5,000, or both. Marijuana possession with intent to sell is a second degree felony, punishable by up to 15 years in prison and a $25,000 fine. For a first degree felony, the possible penalties include up to 30 years in prison and/or a $200,000 fine.

A drug trafficking offense is committed when more than 25 pounds or 300 plants of marijuana are involved. In Florida, trafficking marijuana is a first-degree felony punishable by up to 30 years in prison and statutory fines.

There is also a minimum mandatory sentence for marijuana offenses involving 25–2,000 pounds (or 300–2,000 plants). A person who is found guilty will receive a minimum mandatory prison sentence of 3 years, and pay a $25,000 fine. A minimum of seven years in prison and a maximum of a $50,000 fine is set for the trafficking of 2,000 to 10,000 pounds of marijuana or cannabis plants. The minimum sentence for trafficking 10,000 pounds or more of cannabis is 15 years in prison, and the maximum fine is $200,000.

Medical Cannabis in Florida

The Compassionate Use Act, the first lawful medical marijuana program in the United States, was passed by the Florida legislature in 2014. Low-THC cannabis (the Charlotte's Web strain) was the only kind that could be sold and dispensed under the original Compassionate Use Act, which was intended solely for people with terminal illnesses and seizures.

Patients with terminal illnesses were granted access to high-concentration cannabis after the 2016 passage of the Right To Try Act.

On November 8 of the same year, voters in Florida approved Initiative 702, which legalizes medical marijuana, by a margin of 71.3%. Such wording required a constitutional amendment that would broaden the state's medical marijuana program.

The Florida Senate and House each passed a bill on June 9, 2017 to replace major sections of the existing Compassionate Use Act with the new expanded program. The new law was signed into effect on June 23, 2017.

Marijuana Grow Operations in Florida

In 2008, the state of Florida passed a law outlining the regulations and penalties for indoor cultivation. According to Florida law (Section 893.1351), cultivating more than 25 marijuana plants in a single residence is indicative of a commercial marijuana distribution or sales operation.

A conviction on this charge carries a potential sentence of 15 years in prison as it is a felony. It's also possible to face felony charges and time in prison if you own or reside in a "grow house."

Seedlings and cuttings are considered full-fledged plants under Florida law as long as they show signs of having begun to develop roots. With this new law, Florida joins the ranks of the states with the strictest regulations on cannabis.

Defenses to Marijuana Charges in South Florida

An experienced defense lawyer in Palm Beach County may be able to help you get your charges dismissed or reduced as a result of police misconduct. Based on the specifics of your case, your criminal record, and any mitigating circumstances, your attorney will be able to advise you on your best defense or plea bargain options.

If your lawyer determines that there is insufficient evidence to charge you with a cannabis-related crime, he or she can file a motion to dismiss the charges. Your attorney may be able to file a motion to dismiss the charges against you if, for instance, you were not in actual or constructive possession of the marijuana.

Another possible defense is a motion to suppress evidence. Your lawyer may submit this to the court to suppress any evidence obtained by an unlawful search and seizure. Evidence of cannabis found during an illegal search of a person's residence, vehicle, or person should be suppressed.

There are other possible defenses that could be used in fighting a cannabis charge, including: 

• Failing to provide adequate Miranda Warnings by law enforcement
• Police officers' violations of the Constitution
• Infractions of procedure by law enforcement
• Lack of evidence
• Lack of criminal intent

Marijuana Defense Lawyer in Palm Beach, FL

Contact Ian Goldstein to discuss the details of your case if you've been charged with a marijuana crime in Palm Beach County or a neighboring area of South Florida. Your charge could be reduced or dropped altogether. Finding a criminal defense attorney in Palm Beach who is well-versed in Florida's drug laws can be a great asset in the fight against severe penalties. For a no-cost evaluation of your legal situation, please dial (561) 600-0950. 

Call Today for your FREE Initial Consultation

If you or a loved one have been arrested and charged with Driving Under the Influence, call (561) 600-0950 to contact the Law Offices of Ian Goldstein today to speak with an experienced Palm Beach County Drug Defense Lawyer.