The Law in Plain English – Boca Raton ➔ Boynton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:Possession of Marijuana – F.S. 893.13
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During a time when the debate of whether Marijuana should be legalized is in full force, most states still have high arrest rates for Marijuana charges, and Florida is no exception. According to the ACLU, between 2001 and 2010, there have been 8.2 million marijuana arrests in the U.S, and close to 90% are for simple possession. Florida is among the leaders in arrests from possession.
States in the U.S. have differing marijuana laws. While some states have legalized marijuana, POT is still illegal in Florida. A medical marijuana card from a state where marijuana is legal does not authorize its holder to possess marijuana in Florida.
However, Florida is again facing a constitutional amendment to legalize medical marijuana for those who are seriously ill, which would make those registered to possess small amounts of “low-THC” marijuana exempt of arrest.
In Florida, the difference between a felony and misdemeanor depends on the amount of marijuana in your possession. Possessing fewer than 20 grams is a misdemeanor, and can be punished by jail of up to a year. Possessing over 20 grams can result in up to five years in a prison, and is a felony crime. Growing marijuana or possessing over 25 pounds or 300 marijuana plants is considered trafficking in marijuana, a first degree felony, punishable up to thirty (30) years in prison.
In addition to any direct punishment for the charge, any marijuana charge may result in suspension of your driver’s license, even if the charge isn’t driving related. A conviction for any amount of marijuana will automatically suspend your driver’s license for up to two (2) years.
These statutes are unfair and irrational. However, it is possible to protect yourself against these charges with the help of a knowledgeable attorney.
What should you do when you are accused of possession of marijuana?
Whenever you are accused of a wrongdoing, it is essential to know what your rights are. For instance, the privilege to stay quiet and to talk with a lawyer can be of foremost significance. Contact a local criminal attorney for more data before settling on any choices with respect to your case.
Is the possession of marijuana a second degree a misdemeanor?
There isn’t a 2nd degree misdemeanor for marijuana in Florida. There is just a 1st degree misdemeanor and after that, felony level with the degrees for marijuana possession.
Can you have a felony charge for the possession of marijuana?
Yes. Contingent upon the measure of marijuana or what the assertions are concerning the behavior behind the capture, you can be convicted as a felon for possession of marijuana.
Can I be convicted of intent to sell and possession?
Yes. Possession for individual utilization and possession with aim to sell are two charges that can come with some very diverse criminal punishments, however for the individuals who are found with any huge measure of marijuana on their individual or property, it may be conceivable to have both charges at one time.
If you, or someone you know, have been charged with Possession of Marijuana in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach & the surrounding areas of Palm Beach County in the State of Florida.
Arrested? What happens now?
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