Get a Free Consultation
Call Us - Available 24/7
(727) 828-3900
Despite the ongoing grassroots and lobbyist efforts to legalize marijuana, cannabis is still a controlled substance in Florida; possession, sale, and trafficking carry penalties such as imprisonment and fines, amongst other consequences. In this article, we review Florida marijuana laws, penalties for marijuana-related charges, and the types of defenses you may use.
Because convictions have serious repercussions and all cases are unique, secure your consultation with a drug crime defense attorney at Goldman Wetzel in St. Petersburg if you are facing charges: 727-828-3900.
Federal and state law place all controlled substances into one of five schedules based on the current accepted medical use standards, their potential for abuse, and the likelihood of users developing a dependency.
Schedule I substances, considered the most dangerous, have no accepted medical use and have the highest potential for abuse. Examples of schedule one substances include heroin and ecstasy.
Schedule V substances, on the other end of the spectrum, are lawfully used for medical purposes and have the lowest potential for abuse.
Where does cannabis fall in the schedule? Florida’s controlled substance schedule, found in Florida Statute § 893.03, provides that cannabis is a schedule I substance, the most highly regulated type. In other words, the state considers marijuana offenses severe – and therefore, harshly punishes offenders.
Sort of. Some cities and counties in Florida – but not currently any in or around St. Petersburg – now allow police officers to treat possession of 20 grams of marijuana or less as a civil infraction, rather than a criminal offense. This means a small fine or a couple days of community service rather than going through the criminal court system.
Meanwhile, Florida allows use of non-euphoric strains of medical marijuana by certain patients, including some who suffer from cancer and epilepsy. And Florida voted to expand medical marijuana legalization in 2016, the details of which will be determined in 2017.
But while some parts of the state decriminalized marijuana possession and Florida is expanding use of medical marijuana, possession of it can still bring consequences, including in St. Petersburg.
When determining with which offense(s) to charge a defendant, one of the things law enforcement and prosecutors look at is the amount of cannabis found in the defendant’s control. The type of offense with which the state charges you and the resulting penalties hinges upon the amount of the drug in question. (Note: The laws for marijuana-related charges that we discuss here, including amounts and penalties, are in Chapter 893 of the Florida Statutes.)
Below are the penalties for possession of marijuana in Florida.
If the state charges you with possession with intent to distribute, you face similar penalties.
Possession or sale within 1,000 feet of a school, park, college, place of worship, or public housing elevates the charges and penalty. Defendants may face second-degree felony charges and up to 15 years in jail and a $10,000 fine. [Florida Statutes §§ 893.13(1)(c), (d), (e)]
Again, your penalties (and whether your offense falls under distribution or drug trafficking) depend upon how much cannabis law enforcement says was in your control. Once the amount of cannabis reaches the 25 lbs or 300 plant threshold, officers will consider the crime trafficking, which is a first-degree felony.
Not only are the fines and prison time greater with distribution/trafficking charges, but you will also face a mandatory minimum sentence. [Florida Statute § 893.135(1)(a)]
Set up your consultation to go over your case with an attorney at Goldman Wetzel if you are in the St. Petersburg area. There are several defenses that defendants might use to fight marijuana charges, but we will only be able to provide counsel upon reviewing your case.
Much depends on the circumstances of your case. For instance, you might be able to prove that the search and seizure was unlawful, or that the drugs were not yours. We will consider all the facts of your case and determine how to approach it.
For a free consultation and legal representation from a criminal defense lawyer who handles marijuana charges in St. Petersburg, contact Goldman Wetzel today at 727-828-3900.