Your attorney will want to talk to you about all of the circumstances of your arrest, your past criminal history, and what you were doing before and after you were arrested. You should be completely honest with your attorney regarding all of these factors. Your attorney will need complete and truthful information in order to assess what defenses you might have and what, if any, punishment you should expect if you are convicted.

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CHOOSE THE RIGHT SOUTH FLORIDA MARIJUANA ATTORNEY

 

Act immediately if you face charges or are suspected of any crime involving cannabis, weed, or pot.

Carefully choosing a defense lawyer with a record of successfully defending against marijuana and other drug charges to represent you is essential. Do not make the mistake of accepting a public defender. Public Defenders may be good lawyers, but they simply have too many cases to handle to give the focused attention to your case that is required. Public defenders frequently dispose of as many cases as possible by pushing a defendant into a plea bargain, rather than going to trial. If proving your innocence is important to you, avoid public defenders and work out a payment plan with the best, criminal defense lawyer you can find, someone like Alan S. Bernstein P.A.

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BRING AN EXPERIENCED ATTORNEY ON BOARD FROM THE START

 

It is important to bring Alan S. Bernstein P.A. on board as early as possible. The sooner you have us representing you, the better the odds become of obtaining a positive result and protecting your freedom, your finances, and your future. If you or someone you love is facing criminal marijuana charges, or even if you have been questioned by police, you will need professional legal advocacy. The stakes are too high to risk going with a less experienced South Florida marijuana attorney.

 

By calling a South Florida marijuana defense lawyer at Alan S. Bernstein P.A., we will immediately begin working on your case and fighting for the best possible result, whether that be a no file, dismissal, acquittal or drug court.  

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Consequences of a marijuana conviction​

• Ineligibility for public employment without enrolling in a drug treatment program for any conviction;

• Ineligibility for Florida Bright Futures scholarships;

• Ineligibility for State financial aid;

• Ineligibility for state licenses, permits or certifications without enrolling in a drug treatment program for any felony conviction;

• A potential three-year ban on public housing for any misdemeanor or felony conviction;

• A five-year ban on eligibility to adopt a child or become a foster parent, and even after the ban is lifted you will have to submit to a special review by an adoption review committee if you have any felony or misdemeanor marijuana conviction;

• A lifetime ban on the right to possess a firearm under Florida Statute Section 790.23 for any felony conviction.

 

Whether you have been charged with marijuana possession, cannabis manufacture or cultivation, distribution, transportation, trafficking, or possession of drug paraphernalia, contact an experienced marijuana criminal defense attorney to discuss your case in the Tampa Bay area.

 

PENALTIES AND CONSEQUENCES OF MARIJUANA CONVICTION​

Possession of Marijuana (less than 20 grams) - Misdemeanor:

Marijuana (also known as cannabis, weed or pot) is the most commonly used illicit drug in the State of Florida and the United States. The simple possession of marijuana / cannabis is a misdemeanor that carries a sentence of up to 12 months in jail.

Despite the fact that marijuana use is common, the penalties for possession of marijuana are harsh. Regardless of whether adjudication is withheld or not, a possession of marijuana / cannabis sentence can haunt you even after you have finished serving the probationary term in Florida.

 

First Offense for Possession of Marijuana

Even for a first offense of possession of cannabis, prosecutors typically ask for a diversion program which is very similar to probation. A second offense often results in 12 months probation, a series of random urine screens, community service hours, and court costs and fines.

Many people charged with possession of marijuana do not realize how expensive and time-consuming it will be to complete the diversion or probationary terms. In those cases where all of the conditions are not met within the time allotted, a violation of probation will result in an arrest warrant being issued, possibly without a bond amount being set.

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Drivers License Suspension for any Drug Offense, including Marijuana

If you are convicted of possession of marijuana / cannabis, an automatic and immediate two (2) year suspension of your driver's license (with a hard suspension during the first year before you are even eligible to apply for a business purpose only or hardship license).

If the court withholds adjudication, the suspension of your driver's license can be avoided. However, even for first offenses, prosecutors routinely ask for harsh penalties for possession of marijuana / cannabis cases included 12 months probation, a drug and alcohol evaluation, completion of any follow-up drug treatment (typically 8 drug classes), random urine screens, community service and steep fines and court costs.

If you agree to this type of harsh probation sentence and then violate the probation, the court can then "adjudicate" you of the underlying possession of marijuana charge (causing the two-year suspension of your driver's license).

 

Overview of the Marijuana Laws in Florida

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Misdemeanor Offenses for Marijuana under Florida Law

Possession of Marijuana / Cannabis –less than 20 grams- First Degree Misdemeanor punishable by a $1,000 fine and up to 12 months in the county jail. If you are adjudicated guilty of the offense, then your driver's license will be automatically and immediately suspended for two years.

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Delivery of Marijuana / Cannabis Less than 20 grams (without monetary exchange) - First Degree Misdemeanor punishable by a $1,000 fine and up to 12 months in the county jail. If you are adjudicated guilty of the offense, then your driver's license will be automatically and immediately suspended for two years.

Possession of Paraphernalia (including marijuana pipes, bongs, and roach clips) - First Degree Misdemeanor punishable by a $1,000 fine and up to 12 months in the county jail. No automatic consequence to your driver's license.

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Felony Offenses for Cannabis under Florida law

Possession of Marijuana/More than twenty (20) grams. Third Degree Felony punishable by a $5,000 fine and up to five (5) years in Florida State Prison. If you are adjudicated guilty of the offense, then your driver's license will be automatically and immediately suspended for two years.

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Cultivation of Marijuana - Under Florida law, Section 893.13(1)(a) governs the offense of cultivation of marijuana, which is a third-degree felony punishable by up to five years in Florida State Prison.

Trafficking in Cannabis/less than 25 pounds - Third Degree Felony punishable by a $5,000 fine and up to five (5) years in Florida State Prison. If you are adjudicated guilty of the offense, then your driver's license will be automatically and immediately suspended for two years.

 

Trafficking of Marijuana / Cannabis 25 - 2,000 pounds (or 300 - 2,000 plants)- Second Degree Felony punishable by a $25,000 fine and up to fifteen (15) years in Florida State Prison. The offense carries with it a minimum mandatory three (3) year prison sentence. If you are adjudicated guilty of the offense, then your driver's license will be automatically and immediately suspended for two years.

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Trafficking of Marijuana /Cannabis 2,000 - 10,000 pounds (2,000 to 10,000 plants) - First Degree Felony punishable by a $50,000 fine and up to 30 years in Florida State Prison. The offense carries with it a minimum mandatory seven (7) year prison sentence.

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Trafficking of Marijuana / Cannabis 10,000 or more pounds (or 10,000 plants) - First Degree Felony punishable by a $200,000 fine and up to 30 years in Florida State Prison. The offense carries with it a minimum mandatory fifteen (15) year prison sentence.

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Trafficking of Marijuana / Cannabis near a designated location - Second Degree Felony punishable by a $10,000 fine and up to 15 years in prison. Designated locations are those marijuana or cannabis offenses that take place within one-thousand (1,000) feet of a child care facility, school, college, university, church, convenience store or business, park, community center or public recreational facility.

 

New Florida Law for Marijuana Grow House

Under the recently passes "Marijuana Grow House Eradication Act" (HB173/SB390), now Florida Statute Section 893.1351, a "grow house" can include any place where 25 plants or more are present because the statute provides a presumption that "[f]or the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution."

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In Florida, this criminal offense is often called "Possession of a Residence for Cultivating of Cannabis" in Tampa or Plant City in Hillsborough County, in St. Petersburg or Clearwater in Pinellas County in Dade City or New Port Richey for Pasco County, Florida.

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In fact, in a trial on the issue, the jury will be instructed on this "rebuttable presumption." This rebuttable presumption could be overcome with evidence that the cannabis plants were not intended for sale or distribution, especially when it can be shown that the plants were being grown for personal consumption, including personal medical purposes.

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Landlord of Cannabis Grow House

Subsection (1) makes it a third degree felony (punishable by 5 years in Florida State Prison) to own, lease or rent any grow house or other place with knowledge that the place will be used for one of the following purposes:

a. Trafficking in marijuana as provided in section 893.135;

b. For the Sale of marijuana, as provided in Section 893.13;

c. For the manufacture of cannabis intended for sale or distribution to another (presumed if 25 or more cannabis plants).

Resident of Marijuana Grow House

Subsection (2) makes it a second degree felony (punishable by 15 years in Florida State Prison), to knowingly be in actual or constructive possession of any grow house or other place with the knowledge that the place will be used for any of the following purposes:

a. Trafficking in marijuana, as provided in s. 893.135;

b. For the sale of marijuana, as provided in s. 893.13; or

c. For the manufacture of cannabis intended for sale or distribution to another (presumped if 25 or more marijuana plants).

Resident of Marijuana Grow House when Minor Child is Present

Subsection (3) makes it a first degree felony (punishable by 30 years in Florida State Prison) for any person who is in actual or constructive possession of a grow house or other place with the knowledge of the following:

a. That the place is being used to manufacture marijuana intended for sale or distribution to another (presumped if 25 or more cannabis plants are present); and

b. Who knew or should have known that a minor child is present or resides in the place.

 

Effect of New Cannabis Grow House Legislation

The State of Florida has some of the harshest marijuana possession laws in the country. In 2008 the Florida Legislature passed, and Governor Charlie Crist signed into law legislation that makes the possession or cultivation of just 25 marijuana plants prima facie evidence of an "intent to sale or distribute" which is a second degree felony punishable by 15 years in Florida State Prison.

Florida law previously provided that punishment only if 300 or more plants were grown in the home. Federal trafficking laws require at least 100 plants, making the new Florida legislation considerably harsher than even federal law. If children were present in the home where 25 or more plants are grown the offense can be charged as a first-degree felony punishable by thirty (30) years in Florida State Prison.

 

The law was intended to target cannabis "grow houses." These grow houses have become a prized target for Florida law enforcement officers who can not only make the arrest but can then attempt either criminal or civil forfeiture the house and property where the marijuana was grown under state or federal asset forfeiture procedures. The new marijuana trafficking law also targets the owners of the "grow house" if the owner knew the house was being used for the purpose of distributing, packaging, growing, or cultivating marijuana as a third degree felony.

 

Under Florida law, a marijuana plant is broadly defined to include even a seedling or cutting if there is any evidence of root formation, even if only a few tiny hair-like roots are present.

Attempting asset forfeiture actions of "grow houses" in Florida, especially before the housing market crashed in 2007 wiped out much of the equity in theses assets, lured many law enforcement agencies to go after the big potential payoff. As law enforcement agencies shifted their attention away from individuals trafficking more dangerous drugs such as meth, cocaine, and heroin, common sense and good police work gave way to the targeting individuals growing small amounts of marijuana.