Cannabis, or marijuana, is a controlled substance in the State of Florida. There are no medical-use exceptions for possession of marijuana in Florida. Possession of less than 20 grams of marijuana is a first-degree misdemeanor punishable by up to one year in jail.
Many possession of marijuana arrests happen after a traffic stop. The officer will stop you for a traffic violation and then claim to smell marijuana. Florida courts have ruled that the smell of marijuana gives the officer justification to search you and your car. For misdemeanor possession of marijuana, the officer can arrest you or issue you a written arrest. This is known as a promise to appear (PTA) in Miami-Dade and a notice to appear (NTA) in Broward.
Possession of marijuana arrests may also be accompanied by possession of drug paraphernalia charges if officers find pipes, rolling papers, or other implements used to smoke marijuana. Possession of drug paraphernalia is a first-degree misdemeanor as well, also punishable by up to one year in jail. For first-time offenders may be eligible for diversion. Broward has a Misdemeanor Drug Court that could be an option for you as well. If convicted (adjudicated), you can lose your driver’s license for two years.
The consequences you could be facing if charged with such a crime can possibly be avoided if the legal help of an experienced South Florida criminal defense lawyer is secured. Call our office today so that Attorney Matheny can review your situation and advise you of the best legal strategy. You do not want to leave your freedom and future up to a public defender.
Contact our South Florida criminal defense lawyer today to schedule a complimentary and confidential consultation.
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