Miami Marijuana Possession Attorney

Arrested For Marijuana Possession in Miami? Call Valiente, Carollo and McElligott PLLC

weed produced in MiamiAlthough the use of medical marijuana is permitted in Florida with a valid prescription, the state’s marijuana laws continue to be strictly enforced. While possession of less than 20 grams of marijuana may only result in misdemeanor charges, holding a significant amount can be charged as a felony and potentially lead to drug trafficking or possession with intent to distribute charges. This is why you need an experienced criminal defense attorney on your side if you have been accused of possession of marijuana or a marijuana-related crime.

Located in Miami, Valiente, Carollo and McElligott PLLC handles a wide range of drug crimes in Fort Lauderdale, West Palm Beach and throughout the state of Florida, including possession of marijuana. We know what it takes to defend these cases and will work to protect your rights and preserve your reputation.

Call Us At 786-361-6887 For A FREE Consultation! 

Marijuana Possession Charges in Florida

Possession of marijuana can be charged as a misdemeanor or felony, depending on the amount of marijuana in your possession:

  • Possession up to 20 grams of marijuana — A misdemeanor, carries a maximum penalty of up to 1 year in jail and a fine up to $1,000.
  • Possession of 20 grams to 25 pounds of marijuana — A third-degree felony, punishable by up to 5 years in prison and a fine up to $5,000.
  • Possession of more than 25 pounds — Considered drug trafficking, a first-degree felony, with a minimum mandatory sentencing of 3 years in prison (up to 30 years) and fines between $25,000 and $200,000.

In addition, the possession of cannabis plants is illegal as is possession of THC wax – both felonies. Punishments are determined by the number of plants: less than 25 marijuana plants, up to 5 years in prison and a fine up to $5,000; more than 2,000 plants, a mandatory minimum of seven years in prison (up to 30 years) and a $50,000 fine.

Moreover, the possession of hashish and marijuana concentrates can be charged as a felony, while the possession of drug paraphernalia is considered a misdemeanor. Keep in mind that you can also be arrested for driving under the influence of marijuana or smoking weed in public. Finally, a conviction for marijuana possession can also result in a 1-year suspension of your driver’s license.

To convict you for possession of marijuana, prosecutors must be able to show that you were in actual or constructive possession of the drug. Actual possession means that you have the marijuana on your person (e.g. in your pocket) or nearby while being in control (e.g. in your backpack); constructive possession means that you have control over it, know where it is, or otherwise concealed it.

It is worth noting that jurisdictions such as Miami-Dade County, Miami Beach, Orlando, Tampa and Key West have ordinances in place that give law enforcement the option of issuing civil citations to individuals found to be in possession of less than 20 grams of marijuana. Finally, there is a pre-trial intervention program in place for first time offenders that could lead to a dismissal of charges for possession of marijuana.

How to Defend Marijuana Possession Charges

Through the years, our legal team has successfully defended clients from all walks of life against marijuana charges. We will use our legal knowledge and resources to design the best defense strategy for your particular case. Some possible defenses we may rely on include:

  • No constructive or actual possession of the marijuana
  • Illegal search and seizure by law enforcement
  • You were pulled over while driving without a justifiable reason
  • Police failed to read you your Miranda rights

Marijuana Possession Lawyer Serving Clients Throughout Miami

If you have been charged with possession of marijuana in Florida, don’t be fooled into thinking that it’s no big deal. Even though it’s more socially acceptable to smoke pot, being convicted for a marijuana-related crime can have serious consequences. Ultimately, a criminal record will follow you forever, making it more difficult for you find a job or a place to live in the future. You may also lose your eligibility for certain government programs or some of your civil rights.

Knowing that a conviction for marijuana possession can jeopardize your freedom and tarnish your good name, you need the bold and aggressive legal representation we are prepared to provide. Our legal team will work to have the case dismissed or to win an acquittal. If this is your first offense, we will advise you as to whether the pre-trial intervention program is a good option for you. If you are facing more serious felony marijuana trafficking charges, we will work to keep you out of jail. Above all, we will always put your best interests first and fight to protect your rights.

Call our office today or complete the convenient online contact form to set up a free consultation.

Featured Testimonial

Miami Marijuana Possession Defense Review

I called Mr Valiente on a Saturday, I will never forget. Not only was he there for me to listen to me but he took his own free time to answer my doubts and questions. In a moment of despair we all need an attorney who will guide us, be there for us and handle the case as best, Antonio is the attorney, in my opinion, for the job, he will get it done. I had all my charges dropped completely. Thanks to the work of Antonio Valiente.


Miami Felony Attorney