Marijuana Possession, Sale, or Distribution
In late 2016, Florida voters approved a constitutional amendment allowing for the use of medical marijuana in treating debilitating conditions. This amendment gives certain patients access to medical marijuana after a doctor determines that it is the best course of treatment. Gov. Rick Scott signed the amendment into law in late June of 2017.
Despite medical marijuana’s progress in Florida, recreational use, possession, and distribution is still very much illegal. If you have been charged with a marijuana crime, call an experienced Sarasota possession of marijuana attorney at Pallegar Law, P.A.
Possession of marijuana is classified as a misdemeanor if the amount possessed is less than 20 grams. This crime is punishable by one year in jail and a fine of $1,000. If you are found to possess more than 20 grams of marijuana, you may be charged with a felony. The possession of any amount of hashish or marijuana concentrate is considered a third-degree felony. Penalties generally range depending on the amount of the drug possessed.
The possession of up to 25 pounds of marijuana is a felony punishable by 5 years in prison and a fine of $5,000. The possession of 25-2,000 pounds of marijuana or 300-2,000 plants is a felony that carries with it a minimum mandatory sentence of 3 years in prison, with a maximum of 15 years and fines of $25,000. The possession of 2,000-10,000 pounds of marijuana or 2,000-10,000 plants is a felony that carries with it a minimum mandatory sentence of 7 years in prison, with a maximum of 30 years and fines of $50,000. The possession of 10,000 or more pounds of marijuana has a minimum mandatory sentence of 15 years, with a maximum of 30 years and fines of $200,000.
Under Florida law, there are two kinds of possession: actual and constructive. You can be charged with any of the above crimes if you are found to be in either actual or constructive possession of marijuana. According to the law, it does not really matter whether you owned the drugs. You can be charged with a possession crime even if you have never actually touched the drugs. For more information on the difference between actual and constructive possession click on the following link: https://www.pallegarlawfirm.com/possession-of-marijuana-and-other-drugs.html If you have been charged with a marijuana crime or any other drug related crime, contact an aggressive Sarasota drug attorney at Pallegar Law, P.A. to explore your options.
Actual possession is defined as having drugs on your person (in your pocket, in your hand) or in a place where no one had the same access as you. Constructive possession is defined as multiple people having equal access to the drugs in question. If you are riding in a friend’s car when they are pulled over, and a search reveals marijuana in the glove box, you may be charged with constructive possession. However, it is not enough that you were near illegal drugs. In order to be convicted of constructive possession, it must be proven that you knew that drugs were present and you had some amount of control over them.
The sale or distribution of marijuana is generally classified as a felony. However, the delivery of less than 20 grams of marijuana without compensation is classified as a misdemeanor. All other distribution crimes are felonies. The sale of 25 pounds or less is a felony punishable by 5 years in prison and fines of $5,000. The sale or distribution of more than 25 pounds or 300 plants is considered trafficking in marijuana, a first-degree felony.
The sale of 25-2,000 pounds or 300-2,000 plants is a felony with a minimum mandatory sentence of 3 years, and possible fines of $25,000. The sale of 2,000-10,000 pounds or 2,000-10,000 plants is a felony with a minimum mandatory sentence of 7 years, and possible fines of $50,000. The sale of 10,000 or more pounds of marijuana is a felony with a minimum mandatory sentence of 15 years, and possible fines of up to $200,000.
The sale or delivery of marijuana within 1,000 feet of a school, university, park, or other specified area is a second-degree felony, punishable by 15 years in prison. Possession with the intent to sell within 1,000 feet of these specified areas is also a second-degree felony.
If you or someone you know has been charged with a felony or misdemeanor drug crime, contact a knowledgeable and experienced Sarasota marijuana attorney today. Call Pallegar Law, P.A. at 941-893-5816 for help.