Being found with the possession of marijuana for personal use is probably the least serious drug charge in Florida. However, all drug charges in the United States can have very severe consequences. Therefore, a marijuana possession charge should never be taken lightly.
There are many defenses to having marijuana on your possession in Florida, and there is one exception to the law. Since January 3rd 2017, it has been legal to have marijuana for personal use if you have a doctor's note that suggests you should use it medically. However, if you do not have a good defense, you run the risk of being charged with a felony.
What are the possible charges for the possession of marijuana in Florida?
It you are found with 20 grams or less of marijuana, and are not found with any type of paraphernalia that suggests that you have been manufacturing marijuana, you will be charged with marijuana possession. If this possession is not due to a medical marijuana prescription, it is likely that you will be charged with a first degree misdemeanor.
If you have between 20 and 25 grams of marijuana on your possession, you will likely be charged with a third degree felony possession, which means you may face jail time. In addition, if you are found in the possession of more than 25 grams of marijuana, you will likely be charged with first degree felony possession. It may also be inferred that you were intending to sell the marijuana, which can result in additional charges.
How can possession be proven?
When a substance is found on your possession that is believed to be illegal, it will need to be confirmed scientifically. This usually involves sending the substance in question to a lab for testing.
In addition, it must also be established that you knew that you had the drug on your possession, and that it was not planted on your belongings by someone else. This means that the case is more difficult to defend if the drug was found in your pocket. However if the drug was found in your suitcase, you might have a strong defense.
If you were found with marijuana on your possession in Florida, it is important that you take action immediately in order to defend yourself.