Marijuana might just be one of the most debated issues in recent years. While it\u2019s legality keeps being discussed at both the state and federal level, one thing remains true \u2014 under both federal and Florida state law, it is not legal. Florida law makes a clear distinction, setting a point at which the person is considered to be holding more of the drug than needed for personal use \u2014 at which point, it becomes a felony.<\/p>\n
When dealing with cases of drug possession, it is always advisable to consult with a knowledgeable Orlando Central Florida Criminal Defense Attorney. The lawyers at the Defense Group are a team of experienced criminal defense attorneys, ready to answer your questions.<\/p>\n
\u201cThere\u2019s a break point, for example, from misdemeanor to felony \u2014 and it has to do with quantity, but that quantity only applies to marijuana. If you\u2019ve got under 20 grams of marijuana, that\u2019s a misdemeanor \u2014 19.9 grams, maximum penalty a year in jail and maybe $1,000 fine \u2014 20.1 grams you can get 5 years in prison. There\u2019s got to be a break point.
\nIt may not seem fair for that little bit of a difference, but you\u2019ve got to switch over some place. And the legislature has decided if you\u2019ve got over 20 grams, we\u2019re going to call that a felony \u2014 and it\u2019s premised on the assumption that if you\u2019ve got more than 20 grams, you\u2019ve probably got more than you\u2019re using yourself. That doesn\u2019t always hold true. People shop at Costco and they buy cans of goods more than they intend to use in one meal because they get it less per ounce, if you will, whenever they buy it in larger quantities.<\/p>\n
You may very well wind up being purely a user, but still having over 20 grams will qualify you for felony sentencing. There are hundreds of drugs listed in Chapter 893 of the Florida Statutes, that are considered controlled substances. Generally, that means that you must possess (and have in your possession proof of) a prescription for the drug you have. The prescription must designate the dosage (5 mg or 20 mg for example). Possession of a controlled substance without immediate possession of the prescription is a formula for arrest. Many of the drugs on this list are considered dangerous enough that the Legislature has passed \u201ctrafficking\u201d offenses. This is merely possession of over a certain quantity chosen by the Legislature. Whether marijuana or another drug, you need an experienced criminal defense attorney f you are arrested for drug offenses.<\/p>\n
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Marijuana might just be one of the most debated issues in recent years. While it\u2019s legality keeps being discussed at both the state and federal level, one thing remains true \u2014 under both federal and Florida state law, it is not legal. Florida law makes a clear distinction, setting a point at which the person … <\/p>\n