Possession of Cannabis (Marijuana) - Aaron Delgado & Associates

Possession of Cannabis (Marijuana)

Cannabis is a Schedule I controlled substance in Florida, which is illegal to possess without a prescription. Possessing up to 20 grams of cannabis is a misdemeanor, and possessing more than 20 grams is a felony.

Since they are not considered cannabis by Florida cannabis laws, it is a separate felony crime to possess cannabis concentrates, such as:

  • Cannabis Budder
  • Cannabis Crumble
  • Cannabis Oil
  • Cannabis Resin
  • Cannabis Wax
  • Hashish Oil

Penalties for Possession of Marijuana (Under 20 Grams)

Possession of less than 20 grams of cannabis is a first degree misdemeanor in Florida, punishable by up to:

  • 1 year in jail,
  • 1 year of probation,
  • A $1,000 fine, and
  • A 6-month driver’s license suspension

Penalties for Possession of Marijuana (20 Grams or More)

Possession of 20 grams or more of cannabis is a third degree felony in Florida, punishable by up to:

  • 5 years in prison,
  • 5 years of probation,
  • A $5,000 fine, and
  • A 6-month driver’s license suspension

According to Florida drug crime laws, a conviction of Possession of Cannabis will result in driver’s license or driving privilege suspension for six months. Under Florida’s Criminal Punishment Code, possession of 20 grams or more of cannabis is a level 3 crime. You can use our Florida Felony Sentencing Calculator to find out the mandatory minimum sentence for any felony cannabis possession charge.

Fighting Possession of Marijuana Charges in Florida

At Aaron Delgado & Associates, we are well-versed in the art of defending marijuana possession charges. There are many possible defenses for marijuana possession that we may be able to take, such as:

  • CBD Possession
  • Constructive Possession
  • Illegal Search and Seizure
  • Lack of Knowledge
  • Medical Necessity
  • Overdose Defense
  • Prescription Defense
  • Temporary Possession

Possession of CBD

CBD (including CBD oil) is legal to possess in Florida as long as it contains no more than 0.1% of THC.

Constructive Possession of Marijuana

If the marijuana was found in an area that at least one other person had access to, it would fall under the law of constructive possession. With constructive possession, there is a burden of proof that must be met before you can be convicted of possession of marijuana. The prosecutor has to prove that you had (1) knowledge of the cannabis’s presence, and (2) dominion and control over the cannabis.

There are many scenarios where our drug crime lawyers are able to argue that the prosecutor failed to meet the burden of proof for constructive possession of marijuana.

Illegal Search and Seizure

It’s not uncommon for law enforcement to coerce or illegally require a person to submit to a body, vehicle, and/or home search. If your drug attorney is able to prove that the evidence against you was obtained illegally, the court will suppress the evidence.

You may also be able to suppress evidence if you were arrested without probable cause or if a search warrant of your person or property was obtained in bad faith.

Lack of Knowledge

If you are able to prove that you did not know you were in possession of cannabis, you may be able to get out of the charge. However, you will need to testify to your lack of knowledge about the substance.

Medical Necessity

If you suffer from an illness or ailment which has no lawful medication available for proper treatment, and if the only substance that can relieve your pain and/or suffering is cannabis, then your drug crime lawyer may be able to use medical necessity to defend your possession of cannabis charge.

Overdose Defense

If you needed medical assistance for a drug-related overdose or were assisting someone who needed such medical assistance, and your attorney can prove that the evidence against you was obtained as a result of that need for medical assistance, you will be immune from prosecution for a possession of cannabis charge.

Prescription Defense

Since Florida is a state that recognizes medical marijuana, if you can provide a medical marijuana card in your name that was valid at the time of your arrest, your charge for possession of marijuana will be dismissed.

Temporary Possession

If you take possession of cannabis for any amount of time—without taking ownership, complete dominion, and control over the cannabis—you are not legally “in possession” of the cannabis.

Temporary possession of cannabis could happen if a person asked you to “hold their weed” during a police encounter; if you simply passed the cannabis from the owner to another person; or even if you temporarily held the cannabis in the presence of a drug dealer in order to test it before it was purchased.

Contact Drug Crime Lawyers Aaron Delgado & Associates

If you or a loved one have been charged with possession of cannabis in Daytona Beach or the surrounding areas, please do not hesitate to give us a call. Our drug crime attorneys are here for you 24/7, 365 days a year. Call us today at 386-222-6677 to schedule your free consultation with an experienced Daytona Beach drug crime lawyer and find out how we may be able to help you fight a possession of marijuana charge.

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