Florida Criminal Law - Drug Offenses FAQs
Marijuana Possession FAQs
- How much time for possession of marijuana?
- What to do when you are charged with federal possession of marijuana?
- Is possession of marijuana a 2nd degree a misdemeanor?
- Can a person become a convicted felon because of being arrested for marijuana possession?
- What is the maximum jail sentence for possession of marijuana?
First, the maximum sentence for any crime depends classification of the crime. For example, is it a felony or a misdemeanor? Subparts or "degrees" are contained within those two broad types of classifications. For drug offenses, quantity of the drug often plays an important part as well. Any amount of marijuana up to 20 grams is considered a first-degree misdemeanor. A misdemeanor marijuana possession is a first-degree misdemeanor and punishable by up to one year in jail. Anything over 20 grams can be charged as a felony. Felony offenses range from 5 years of incarceration to life in prison. These are highly dependent on what the accused is alleged to have done with the marijuana. For example, sales or trafficking are usually prosecuted more vigorously than personal possession or use cases.
Any time you are charged with a crime, it is important to know your rights. For example, the right to remain silent and to speak with an attorney can be of paramount importance. Contact a local criminal defense lawyer for more information prior to making any decisions regarding your case.
There is no second-degree misdemeanor for marijuana in the State of Florida. There is only a first-degree misdemeanor and then felony level with all the degrees for marijuana possession and related charges.
Yes. Depending on the amount of marijuana or what the allegations are concerning the conduct behind the arrest, a person can be charged and convicted as a felon for marijuana possession.
Depending on the type of offense as follows:
- First-Degree Misdemeanors are punishable by up to 1 year in County Jail
- Third-Degree Felonies are punishable by up to 5 years in State Prison
- Second-Degree Felonies are punishable by up to 15 years in State Prison
- First-Degree Felonies are punishable by up to 30 years in State Prison
- PBL; or Punishable by Life carry maximum sentences of natural life in prison
- Is it illegal to have 3 grams of marijuana in your possession?
- Is possession of weed a felony?
Forever, unless the record is able to sealed or expunged. Currently, there is no civil infraction ("ticket") in the State of Florida. Sometimes officers issue a Notice to Appear in lieu of arresting a person. The person is then required to show up to court but it not arrested. However, the record still reflects the criminal event and makes very little difference whether you were physically arrested or just arrested on paper via the notice to appear route.
Yes. Three grams of marijuana would be classified as a misdemeanor, first degree. The law makes no distinction on the amount of marijuana as long as it is less than 20 grams, it's a misdemeanor. .01 grams or 19.9 grams are legally the same offense.
It depends, but yes it can be a felony as long as there is over 20 grams of marijuana in someone's possession, then it can be classified as a felony. Additionally, if there are allegations of sales, delivery, or trafficking then these facts may enhance the criminal charges to include felony offenses.
Experienced Orlando Marijuana Possession Defense Attorney
Charged with Marijuana possession in Orlando or anywhere in Central Florida? Call our Central Florida marijuana possession defense lawyer immediately at 866-680-4LAW to discuss your case. You may also fill out the online form provided at the top of this page and we will contact you shortly. We respond to after-hours messages promptly. Evening or weekend appointments are available on request. We value your privacy and will keep all your information confidential.
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- FAQs: Marijuana Possession
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