Criminal Defense Lawyer

CANNABIS POSSESSION

Possession of Cannabis Under 20 Grams carries a maximum sentence a year in the County Jail.  More importantly, conviction can result in loss of license for one year with 6 months before application for a hardship permit.  Most jurisdictions offer diversion programs or drug court for those looking to avoid facing court.  Successful representation may mean obtaining a program for the client.  For those looking to fight this charge, success is typically achieved by filing and arguing an effective Motion to Suppress the evidence based on Fourth Amendment Search & Seizure grounds.  Other times, it can be shown that the client was unaware of the presence of the contraband due to unknowing joint possession.  This is accomplished by a Motion to Dismiss or at trial.

Florida Statute 893.13(6) (b) If the offense is the possession of 20 grams or less of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. As used in this subsection, the term “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.