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Possession of Cannabis Attorney in Orlando

Possession of Cannabis

Cannabis, also referred to as marijuana, is a Schedule I controlled substance in the state of Florida. Those in possession of any amount of cannabis without a valid prescription will face criminal charges that may be considered a misdemeanor or felony depending on the amount of marijuana possessed. A misdemeanor is considered less serious than a felony offense, however both can impact your freedom, career and other areas of your life if found guilty. At Adams & Luka, our cannabis possession lawyers are committed to helping those accused of the possession of cannabis achieve the best possible outcome.

Possession of less than 20 grams of cannabis in Florida is typically charged as a first-degree misdemeanor. If you are found in possession of more than 20 grams you may face felony charges. It is important for anyone who faces drug charges to understand that you are innocent until proven guilty beyond a reasonable doubt, and that you must act immediately to protect your legal rights. Police can say anything they like when interrogating a suspect in an effort to get the accused to say things that may be incriminating; they often lie to get suspects to buckle under pressure and admit to crimes they did not commit. This is why it is so important to consult with an Orlando cannabis defense attorney as soon as you have been arrested or suspect you are under investigation.

Criminal Penalties for Possession of Cannabis or Marijuana in Florida

The penalties an individual will face if convicted of possession of cannabis depend on several factors, including the amount of marijuana possessed. These penalties include:

Possession of less than 20 grams of cannabis

  • A maximum of one (1) year in jail
  • A maximum of one (1) year of probation
  • $1,000 fine

Possession of 20 grams or more of cannabis

  • A maximum of five (5) years in prison
  • A maximum of five (5) years of probation
  • $5,000 fine

As you can see, the punishment can be life-changing for those found guilty. Additionally, a conviction for possession of cannabis or marijuana will result in revocation of your driving privilege for a period of one year.

Common Defenses for Possession of Cannabis Charges

In any criminal case the state must prove certain elements of the offense in order for the defendant to be found guilty. There are several defense strategies often used to fight charges in these types of cases depending on the facts of each individual case. Some include:

  • Mistaken identity
  • Lack of sufficient evidence
  • Illegal search and seizure
  • Entrapment
  • Lack of knowledge
  • Constructive possession
  • Failure of law enforcement to Mirandize upon arrest

Often times those accused of possession of cannabis offenses may not realize the substance in their possession is illegal, especially if friends are involved. Prosecutors may not have adequate evidence for proving guilty beyond a reasonable doubt. Police and law enforcement officials often engage in activities designed to "trap" those they suspect of wrong doing. It may be a case of mistaken identity, or police may have conducted an illegal search without obtaining a warrant. Police must read a defendant his or her Miranda rights upon arrest. Whatever your circumstances, our defense attorneys will work vigorously to have charges dismissed or reduced, or to secure an acquittal should your case go to trial.

A conviction will result in a criminal record that can negatively impact your future in more ways than you know. Every person has legal rights that must be protected from the beginning. Regardless of whether you have been arrested for possession of cannabis as a juvenile, or are an adult who may have a prior criminal conviction, you want an attorney who is aggressive and dedicated to developing a strong legal defense while exploring all possible options.

Contact Adams & Luka Today

Possession of cannabis charges should be taken seriously, as your freedom, reputation and future may be in jeopardy. At Adams & Luka our Orlando cannabis possession attorneys give your case the personal attention and dedication you deserve. Our goal is to have charges dismissed when possible, or reduced in order to mitigate the damaging consequences. Should your case go to trial we will fight vigorously in order to avoid a conviction. Contact our law firm today for a free consultation.

Reference - Florida Statute 893.13

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink