Criminal Defense Lawyers in Miami, FL – Marijuana Offenses
Under Florida Law, marijuana is considered a Schedule I controlled substance, and as such, the possession, sale, and growth of marijuana are considered illegal. The state imposes a range of penalties when it comes to marijuana crimes, depending on the amount the suspect is caught with and whether there is intent to distribute. Even personal possession can warrant a misdemeanor charge, which means that anyone carrying or using cannabis can suffer criminal penalties, including arrest and imprisonment.
The possession, sale and trafficking of marijuana and even the possession of marijuana paraphernalia can lead to a minimum of six months in jail, so it’s important to seek legal help immediately following an arrest or charge. If you were charged with a marijuana offense, our criminal defense lawyers in Miami are here to help.
The Brody Law Firm, LLC is a criminal law firm in Miami, FL that provides superior legal representation for individuals who have been accused of a marijuana offense. For years, our criminal attorneys have been protecting the rights of individuals involved in drug crimes and will do everything in our power to reduce or possibly eliminate the charges against you. With unrelenting commitment to your case and extensive knowledge of Florida narcotics laws, our attorneys will work diligently to secure the best possible outcome for your case.
Marijuana Laws in Florida
As of right now, marijuana possession is a crime in the state of Florida. Legislators are working to allow for the use of cannabis for medical purposes, but until then, anyone found possessing or distributing the drug will be subject to serious penalties.
Below are some of the punishments individuals can face related to marijuana offenses in Miami:
Possession
Possession (personal use) – Possession of 20 grams or less of marijuana is a first degree misdemeanor, punishable with up to one year in jail. Two years drivers license suspension if convicted.
Purchase or possession of 20 grams or more – Purchasing or possessing more than 20 grams of marijuana is a third degree felony, punishable with up to five years in prison
Manufacture and Sale
Manufacture and sales (or possession with intent to manufacture or sell) – Manufacturing, selling, or possessing marijuana with the intent to do so is a third degree felony, punishable with up to five years in prison.
Manufacture or sales (or possession with intent to manufacture or sell) within 1,000 feet of a drug free area – Marijuana sales or possession within 1,000 feet of a school (between 6 a.m. and midnight), public recreation area, place of worship, public housing facility, or assisted living facility is a second degree felony, punishable with up to 15 years in prison.
Delivery of less than 20 grams – The delivery of up to 20 grams of marijuana or gift thereof without accepting payment is guilty of a first degree misdemeanor, punishable with up to one year in jail.
Sale to a minor – An adult selling marijuana to a minor (person under 18) or who hires a minor to sell marijuana is guilty of a second degree felony, punishable with up to fifteen years in prison.
Trafficking
Between 25 and 2,000 pounds, or between 300 and 2,000 cannabis plants – 3 years minimum prison sentence and a fine of up to $25,000.
Between 2,000 and 10,000 pounds, or between 2,000 and 10,000 plants – 7 years minimum prison sentence and a fine of up to $50,000.
10,000 pounds or more, or 10,000 plants or more – 15 years minimum prison sentence and a fine of up to $200,000.
Importing Marijuana into Florida
Even if the amount is less than for charges related to trafficking, importing marijuana into the state of Florida is a third degree felony, punishable with up to five years in prison.
Drug Paraphernalia
Possession and use – First degree misdemeanor, punishable with up to one year in jail.
Manufacture and sale – Manufacture and sale of marijuana paraphernalia a third degree felony, punishable with up to five years in prison.
Sale to a minor – Second degree felony, punishable with up to 15 years in prison.
Transporting paraphernalia – Third degree felony, punishable with up to five years in prison.
Advertising paraphernalia – First degree misdemeanor, punishable with up to six months in jail.
Even the most minor marijuana offense can lead to at least six months in jail. These charges can be avoided or dropped altogether with the help of a skilled criminal defense attorney. Contact The Brody Law Firm, LLC today to schedule a consultation so we can help you surpass your cannabis charges and avoid the penalties associated with a misdemeanor or felony drug crime.