Possession of marijuana (also called cannabis) is a 1st-degree misdemeanor in Florida, punishable by up to 364 days in jail.
Any amount under 20 grams is a misdemeanor amount. Any amount over 20 grams or if there is intent to sell, the charge is a felony.
Pretrial Diversion (PTD) is a program that only the State Attorney's Office can offer. The judge cannot. That means your
criminal defense attorney will have to negotiate for PTD on your behalf.
In Miami-Dade County, Pretrial Diversion is available for offenders charged with possession of marijuana, as well as possession of drug paraphernalia (another misdemeanor offense). In Miami-Dade, PTD is run by private companies, either The Advocate Program, or Court Options. In Broward County, PTD is run by the Broward Sheriff's Office.
In Miami-Dade County, it may be possible to get minimal PTD conditions. These conditions may include completion of an online drug course (4 hours), and $250 in payment. Of that $250, $50 is usually a donation, and $200 is the program fee.
PTD keeps a case open for 6 months, but with a little work, your criminal lawyer may be able to get the case dismissed in 30 days time. Contact me for more details.
In Broward, PTD is a bit more complicated, but the end result is the same: dismissal of the charges.
I personally believe that possession of marijuana should not be a crime. But it is, and until our legislature wises up, we must abide by the law as it stands regardless of how we feel.
I represent clients charged with possession of marijuana in Broward and Miami-Dade. I have been successful in getting my clients into PTD, and then expunging their criminal records. I always offer the expungement service when accepting a first-time offender as a client because I know the consequences of having a criminal record.