In the State of Florida, possession, cultivation, or trafficking marijuana is a serious drug crime, despite the fact that over 15 states have de-criminalized possession of minor quantities. Marijuana is a Schedule 1 controlled substance, which is the most dangerous class of drug under Florida law. Possession of less than 20 grams can carry penalties of up to 1 year in jail.
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If you are facing a drug crime charge involving marijuana, you need a South Florida marijuana crimes lawyer representing you that has extensive trial experience. By retaining The Law Offices of Eric M. Matheny, P.A., you will be working with a seasoned trial attorney who has a reputation for toughness when defending his clients. Attorney Matheny formerly served as a prosecutor for the Miami-Dade State Attorney's Office. He knows both sides of the law and his clients benefit from his insight into the criminal justice system.
Even more serious than the simple possession of marijuana is the possession of marijuana with the intent to sell it, or the actual sale. The law does not necessarily distinguish between "intent to sell" and "sale" in terms of the degree of the crime. To sell marijuana, or possess with the intent to sell, is a third-degree felony, punishable by up to 5 years in prison. Also, a conviction will suspend your driver's license for 2 years.
If you are accused of selling or possessing marijuana with the intent to sell within 1000 feet of a school, university, church, park, or day care center, you can be charged with a second-degree felony.
In order to be arrested for selling marijuana, typically a police officer witnesses a transaction (marijuana in exchange for money), or in many situations, the officer is the buyer (undercover operation).
These undercover drug buys are common. Cops have eyes and ears all over town. If they receive information about possible drug activity, they may try to set up drug buys with suspected sellers.
There are many defenses available when this occurs, namely entrapment. In other words, did the officer who was acting as a drug buyer coerce, threaten, or put undue pressure on you to sell the drugs? Is this something that you normally would not have done?
If you have been arrested in Broward County or Miami-Dade County for selling marijuana, contact me to discuss defenses to your charges.
It is illegal to cultivate marijuana or to knowingly provide a property where these activities take place. If you are charged with growing marijuana in a drug free zone, such as near a school, the penalties imposed are increased. If you are a landlord and your property is has been used in a marijuana grow operation, charges could be filed against you. If that is the case, it would be a key factor to your defense to fully establish that you had no knowledge of the illegal activities taking place on your property.
The laws governing marijuana are as severe as for any other Schedule 1 drug. The definition of a Schedule 1 drug is that it has a high potential for abuse and no known medical benefits, and is in the same legal category as drugs such as cocaine and many other dangerous drugs.
Contact our South Florida drug crime lawyer to receive a free initial case consultation. Our firm has achieved many successful case resolutions in drug crime cases, and is involved in fighting for the rights of those charged with marijuana crimes including possession, possession with intent, trafficking and cultivation.
With an insider’s perspective on how the justice system works, our lawyer case assess the strengths and weaknesses of a case which gives him the ability to make wise, informed decisions on how to proceed, no matter what you are facing. Attorney Matheny has handled over 50 jury and non-jury trials and proudly serves the accused and arrested in Miami-Dade County, Broward County, and Palm Beach County.Learn More about His Experience