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Florida Marijuana Possession

Arrested for marijuana possession in Florida?

Marijuana possession is one of the most common crimes faced by citizens in Florida. The intricacies of marijuana possession law make it extremely defendable, and with the right lawyer a charge such as this can be dismissed. According to the criminal defense lawyers at Flaherty Defense Firm, law enforcement can be especially overzealous when prosecuting marijuana possession cases, looking to make an example of those accused.

In Florida, the amount of marijuana you are arrested with is extremely important in deciding the legal classification of your case. Less than twenty grams is a first degree misdemeanor, and may result in one of several punishments. These include up to one year in jail, up to one thousand dollars in fines, and up to one year of driver’s license suspension. Smaller quantities such as this can often be plead out to a smaller sentence, but this type of deal requires the expertise and connection of a trained legal professional. Alternatively, possession of over twenty grams carries more extreme consequences. The potential prison time increases to five years, and the fines increase to five thousand dollars. A skilled lawyer is even more necessary in these cases, as they can reduce the penalties drastically.

Possession in Florida comes in two varieties, “Actual” and “Constructive”. Actual Possession means the marijuana is in the directly in possession of the person. This includes inside pockets or within reach, such as inside the glove compartment. Constructive Possession has a slightly different definition. The marijuana must be in a place the defendant has control over, or the defendant must have attempted to conceal it. Florida is somewhat unique in the fact that multiple people may be charged with “joint possession” of a substance. In this case, each person is considered to be in possession.

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