MARIJUANA POSSESSION
Musca Law defends possession of marijuana charges in state and federal court. Our lawyers are experienced in defending marijuana possession cases and have an excellent knowledge of the law. Musca Law knows what it takes to preserve your rights.
A conviction for possession of marijuana will result in an immediate suspension of your driver’s license for 2 years, even if the offense was not related to driving or operating a motor vehicle. This includes a hard suspension for a period of 1 year in which you will be ineligible to apply for a hardship license.
At Musca Law, we will devise a strategy to counter the prosecution and preserve your rights. This includes challenging evidence and challenging the seizure of the marijuana by police. We have defended many marijuana related cases including: marijuana possession, marijuana cultivation, trafficking in cannabis, and importation.
Possible Defensive Strategies Include:
- Whether or not the prosecution can prove that the marijuana belonged to you
- If the police had probable cause to stop your vehicle or conduct a vehicle search
- If the police had probable cause to pat down or search your person
- The possibility that the police violated your rights when acting on a search warrant
- The possibility that the police violated your rights upon seizing the evidence
Even for your first offense, prosecutors will usually seek a penalty of 1 year probation, community service, enrollment in a drug treatment program including random drug screenings, fines, and court costs. If convicted of the offense, your driver’s license will automatically be suspended for 2 years.
Additional Consequences For Marijuana Crimes:
Misdemeanor Marijuana Conviction:
- A possible ban of 3 years on eligibility for public housing
- Must enroll in a drug treatment program to be eligible for public employment
- Automatic ban for 5 years on eligibility to become a foster parent (or adopt a child)
- Ineligible for State financial aid
Felony Marijuana Conviction:
- Must enroll in a drug treatment program to be eligible for any state licenses, certifications, or permits
- Automatic Lifetime ban on the right to possess a firearm
Florida Penalties For Marijuana Crimes
First Degree Misdemeanor Offenses:
Possession of less than 20 grams of Marijuana
- Fine of $1,000
(and) - Jail Sentence of up to 1 year
- If adjudication of guilty:
- Driver’s License suspension for 2 years
Possession of Drug Paraphernalia
- Fine of $1,000
(and) - Jail Sentence of up to 1 year
- No automatic suspension of Driver’s License
Third Degree Felony Offenses:
Possession of more than 20 grams of Marijuana
- Fine of $5,000
(and) - Prison Sentence of up to 5 years
- If adjudication of guilty:
- Driver’s License suspension for 2 years
Trafficking in Cannabis – up to 25 pounds
- Fine of $5,000
(and) - Prison Sentence of up to 5 years
- If adjudication of guilty:
- Driver’s License suspension for 2 years
Second Degree Felony Offenses:
Trafficking in Cannabis – more than 25 pounds but less than 2,000 pounds
- Fine of $25,000
(and) - Prison Sentence
- Mandatory Minimum sentence of 3 years
- Possible sentence of up to 15 years
- If adjudication of guilty:
- Driver’s License suspension for 2 years
Trafficking in Cannabis – within 1,000 feet of a designated location (school, church, park, community center, etc.)
- Fine of $10,000
(and) - Prison sentence of up to 15 years
First Degree Felony Offenses for Trafficking in Cannabis
If you have been accused of possession of marijuana or any other marijuana related crime, it is imperative that you hire an attorney immediately to defend you against the allegations. Marijuana crimes carry strict penalties and can ruin your future. Make sure that your rights are protected and do not take any further action without an experienced attorney on your side. Avoiding a Marijuana conviction can allow you to avoid these strict penalties, Contact Musca Law today so we can stand up for your liberty and personal freedom, let us fight to defend your case.