Orlando Marijuana Attorneys

At Adams, Luka, & Benton, we know the seriousness of being charged with a marijuana offense whether you are accused of possessing, growing, or trafficking marijuana. Marijuana is a Schedule I substance on the drug schedule, which means it has a high potential for abuse and leads to serious physical or psychological dependence. Because of its status as a Schedule I drug, any crime involving marijuana is serious. Our Orlando drug crime lawyers vigorously defend those accused of possession, manufacturing, or distributing marijuana.

It is important to note that possession of less than 20 grams of marijuana is considered a misdemeanor offense, while possession of more than 20 grams will be charged as a felony. Misdemeanor charges typically result in penalties that are less harsh than those incurred for a felony conviction.

Marijuana has been legalized in some states, however the state of Florida still vigorously prosecutes those who possess, manufacture, or traffic marijuana. This is particularly true in cases involving the possession of more than 20 grams of marijuana, or possession with intent to deliver, operation of grow houses, or trafficking marijuana. A conviction for a marijuana offense may result in serious criminal penalties including jail/prison time and substantial fines. Defendants will also have a permanent criminal record which will negatively impact various areas of their lives, including employment, securing financing, and housing.

In the state of Florida, possession of less than 20 grams of marijuana is known as Simple Possession, and is a first-degree misdemeanor. Possession of more than 20 grams is referred to as Felony Possession, and is a third-degree felony. While possession is a serious offense, possession with intent to distribute, cultivation, and trafficking are offenses that will result in even harsher penalties for those convicted.

Prosecutors must prove all elements of a crime in order for a defendant to be found guilty. In a marijuana possession case, the prosecutor must prove that marijuana was present and provide testimony as to where the cannabis was found. Constructive possession cases require that the defendant was the only person who controlled the location where the marijuana was found.

Some of the most common defenses used to defend individuals against accusations of marijuana possession include, but are not limited to:

• Illegal search and seizure - Law enforcement often goes beyond its authority in the searching of a person, home, or vehicle. Law enforcement personnel also cannot coerce someone into submitting to a search.
• Lack of knowledge - If you did not know the substance in your possession was cannabis or marijuana, you cannot be found guilty. This defense requires that the accused testify in his/her own behalf as to the lack of knowledge regarding the illegal nature of the substance.
• Constructive possession - In the event the marijuana was discovered in a location where more than one individual had access, the prosecutor must prove that the defendant knew of the presence of the marijuana, and that he/she had sole control over the location where the marijuana was found.

The criminal penalties you may face for a conviction on marijuana possession depends on whether you were charged with a misdemeanor or felony. Penalties include:

Misdemeanor Possession (less than 20 grams) - A maximum of one (1) year in jail, one (1) year of probation, fines of up to $1,000.

Felony Possession (20 grams or more) - A maximum of five (5) years in prison, five (5) years of probation, fines of up to $5,000.

In addition, any individual found guilty of marijuana possession will have his/her driver's license revoked for one year pursuant to Florida Statute §322.055.

Being charged with marijuana possession is serious. Not only are your reputation and freedom at risk, you will lose your privilege to drive and have a permanent criminal record. At Adams, Luka, & Benton, our Orlando marijuana attorneys are experienced, aggressive, and dedicated to obtaining the best possible result for every client we represent. Our goal is to protect you from a conviction, so contact us now for a free consultation.