Miami Marijuana Possession Attorney

Arrested For Marijuana Possession in Miami? Call Valiente Law

Although the use of medical marijuana is permitted in Florida for qualifying patients who comply with the medical-marijuana statute, the state’s marijuana laws continue to be strictly enforced. While ordinary possession of 20 grams or less of marijuana is generally a misdemeanor, subject to statutory exceptions, 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 Law 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 305.764.5460 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 more than 20 grams, up 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.

The ordinary 20-gram misdemeanor rule does not cover every cannabis product. Unlawful possession of resin or concentrates can be a felony, and lawful medical use must be evaluated separately. Cannabis trafficking also begins at 300 plants regardless of weight, with increased mandatory minimums at higher quantities. Cultivation and grow-house offenses have their own elements; plant count alone does not establish every enhanced offense.

Drug paraphernalia liability requires the statutory use or intent to use; an ordinary object does not automatically establish guilt. Marijuana impairment can also support a DUI charge.

For an adult age 18 or older convicted of a qualifying drug offense, §322.055 provides a six-month license suspension or the statutory alternative tied to evaluation and, if required, completion of approved drug treatment. The statute also addresses delayed eligibility and existing suspensions. Restricted driving may be available subject to a court finding and the other eligibility requirements; it is not automatic.

Constructive possession requires knowledge of the substance’s presence and the ability to exercise dominion and control over it. Mere proximity or being in a shared vehicle or room is not enough by itself. Under §893.101, lack of knowledge of illicit nature is an affirmative defense, distinct from knowledge of presence.

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
• Statements obtained during custodial interrogation without required Miranda warnings; warnings are not required at every stop or arrest

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.

Lisette

Miami Felony Attorney

5/5