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Criminal Defense Lawyer in Orlando, FL

Marijuana Charges

Marijuana is a controversial drug in the United States right now, with some people determined to keep it off the streets, and others advocating for blanket legality. Many states have made allotments for medical usage, with some even legalizing recreational use, like California. 


In Florida, the Medical Marijuana Legalization Initiative in 2016 approved the drug for certain conditions, but any use outside those approved by this initiative are still illegal, and can result in some serious long-term consequences. If you’ve been charged with a marijuana-related crime, it's important to have an experienced marijuana charges defense lawyer at your disposal. Contact Hanlon Law today to schedule a free consultation. 


What Kinds of Marijuana Charges Are There?


All drug crimes fall under one of three categories, and marijuana crimes are no exception: possession, possession with intent to distribute, and trafficking. 


A possession charge means you were found to knowingly have actual or constructive possession of an illegal substance or substances. This graduates to “possession with the intent to distribute” if the quantity exceeds the legal threshold defined by Florida law. 


Trafficking is a broad charge that includes any involvement in the manufacturing, producing, transmitting, distributing, and/or dispensing of an illegal substance or substances. There is a similar threshold amount defined by Florida law for every drug that constitutes trafficking. 


Active vs Constructive Possession


As mentioned, possession and possession with intent to distribute charges occur when you are found to knowingly have either active or constructive possession of an illicit substance. 


Active possession means the substance was close enough to be within easy reach, or actually on your person (like in your hands or pockets). This can be difficult to contest, as things like body-cam footage from an officer at the scene can show the drugs being found on your person.


Constructive possession, on the other hand, can be difficult to prove. This kind of possession occurs when the illegal substance is located somewhere you have exclusive control over, or somewhere you’ve hidden it away, even if it’s not within easy reach or on your person. In such cases, the prosecution will have to show beyond a reasonable doubt that the drugs in question belonged to you. 


So, for example, say you are charged with possession because drugs were found in your home. If you live alone and there are no signs of forced entry, it might be reasonable to assume the drugs belong to you. If you have roommates or live with family members, though, then other people had regular access to the location the drugs were found, and their owner cannot be assumed. The prosecution must find some other type of evidence to prove that they did in fact belong to you. 


It’s important to note that the definitions for both forms of possession include “knowingly.” If an illicit substance is found technically in your possession, but you were unaware of its presence, you may have a case for lack of intent. 


For example, say someone maliciously planted a small amount of marijuana in your car, and it is later discovered by a police officer during a traffic stop. Dusting for fingerprints shows that, while your fingerprints are not on the bag of drugs, some unidentified ones are. This is a good case for arguing that someone else planted the drugs in your car. However, it’s always vital to have an experienced marijuana charges defense lawyer in your corner to help ensure you make the best possible argument. 


What are the Consequences of Marijuana Charges?


As with all drug-related charges, marijuana charges are set depending on the quantity of drugs in question, determined by weight. 


If the quantity is less than 20 grams, the charge is a first-degree misdemeanor. This is punishable by up to 1 year in jail along with a $500 fine. 


If the quantity is over 20 grams, but less than 25 pounds, the charge is a third-degree felony, punishable by up to 5 years in jail and a $5,000 fine.


If the quantity is over 25 pounds, the charge is upgraded to marijuana trafficking, which is also a third-degree felony, with punishments varying depending on actual quantity: 


  • 25 pounds to 2,000 pounds – mandatory minimum of 3 years in prison and a $25,000 fine
  • 2,000 pounds to 10,000 pounds – mandatory minimum of 7 years in prison and a $50,000 fine
  • Over 10,000 pounds – mandatory minimum of 15 years in jail and a $200,000 fine


It’s important to note that, for trafficking charges, the minimums listed are mandatory minimums. This means the presiding judge is not allowed the discretion to sentence anything lower based on factors such as a first-time offense. 


How to Defend Against Marijuana Charges 


In addition to fighting the possession charge, there are plenty of defenses an experienced attorney can help you explore:


  • Unlawful stop/detainment (the initial stop during which the drugs were discovered violates your constitutional rights)
  • Unlawful search and seizure (the search performed to find the drugs violated your constitutional rights)
  • Medical license (you are legally entitled to use marijuana due to medical reasons



Lakeland Criminal Defense Lawyers 


While the movement towards legalizing recreational marijuana continues slow and steady, the drug is still illegal in Florida without a legal medical reason, and fighting marijuana charges can be impossible without an experienced defense attorney. Will Hanlon with Hanlon Law has nearly two decades of experience in the courtroom. Our legal team will work tirelessly on your behalf and advocate for you at every possible opportunity. If you’ve been charged with a marijuana crime, or any other kind of drug crime, every minute counts. Contact Hanlon Law today to get started building your best possible defense.

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