Despite the current trend to decriminalize Marijuana; possession, sale, manufacturing, and delivery of marijuana is still illegal in the State of Florida. If you have been arrested for possession of marijuana the type of charge you face could depend of the weight of the marijuana you posses, the way the marijuana was packaged and whether you were selling delivering, or growing the marijuana. Additionally, if you are convicted of possession of marijuana your Florida License will be suspended. If you have been charged with any of the following marijuana related crimes contact The Rickman Law Firm for a Free Consultation.
Possession of Marijuana:
The crime of possession of marijuana less than 20 grams is a first degree misdemeanor punishable by up to one year in the county jail and up to one year of probation. Possession of more than 20 grams of Marijuana is a felony which is punishable by up to five years in prison and 5 years of probation. If convicted you will lose your license for one year.
In order to prove possession of marijuana the State of Florida must prove that you either (1) actually possessed the drug or (2) constructively possessed the drug. To prove constructive possession the state will have to establish that you had (1) dominion and control over it (2) knowledge of its presences and (3) knowledge that it was marijuana. If the State cannot prove that you possessed the marijuana your charge nay be dismissed.
Often times a possession of marijuana charge comes as a result of n illegal search or seizure by law enforcement. These seizures can occur if your vehicle was illegally stopped, you unlawfully searched, or you were questioned without being advised of your Miranda rights.
Possession with intent to Sell/Delivery of Marijuana:
Sale or delivery of Cannabis is a Third Degree Felony punishable by up to 5 years in prison and 5 years of probation. No matter how much the marijuana weighs, it is still a felony to sell or delivery cannabis. Often times defendants are charged with possession with intent to sell cannabis based on how the drug us carried or packaged. You should know that the mere fact that the marijuana may have been individually packaged does not mean you are guilty of possession with intent to sell. Also the mere weight of the package in and of itself will not subject you a conviction for possession with intent to sell.
Cultivation of Marijuana:
The Crime of cultivation of Marijuana is committed when a person grows or cultivates cannabis. It is important to note that Florida Law provides that possession of 25 plants or less suggests personal use. However; if you possess more than 25 plants there would be sufficient evidence to suggest your intent to sell or distribute the drug. Cultivation of Cannabis is a third degree felony punishable by up to 5 years in Prison and 5 years of probation.
Operating a Marijuana Grow House:
Under Florida Law it is illegal to own, rent, or lease a home, structure, trailer, or conveyance used for growing, trafficking or selling marijuana. The charges filed against you may depend on your relationship to the home, the number of plants and the total weight of all the plants.
- If you are convicted of operating a grow house with over 25 pounds but less than 2000 pounds, but no mote than 2,000 plants you face a minimum mandatory sentence of 3 years in prison
- If convicted of possession of over 2,000 pounds but less than 10,0000 pounds, or 2,000 plant to 10,000 plant you face a mandatory prison sentence of at least 7 years.
- If you are convicted of operating a grow house with over 10,000 plants or have 10,000 plants you face a mandatory sentence of 15 years in prison
Although you may have been arrested in relation to a grow house you have many defenses available to you. It is important to hire an attorney who is knowledgeable of these defenses and can fight for you at every level of your case. These defense could include attacking the police contact and conduct, the search warrant, or your questioning by the police, and whether the state can prove you knowledge or possession.
If you have been accused of any crime related to marijuana contact Anthony Rickman at the Rickman Law Firm for a free consultation.