In pop culture, marijuana is the foundation of a great deal of humor and entertainment. Comedy clubs are built on pot jokes! What is not funny however, are the punishments the State Attorney’s Office may seek to impose on criminal defendants for their possession, ownership, or control of the substance. In fact, those penalties are quite serious. 20 grams of weed (marijuana, marihuana (the seed of weed), herb, cannabis, etc.) is enough to (allegedly) manufacture up to one-hundred marijuana cigarettes (joints, doobies). Not everyone that is caught with weed is carrying exactly 20 grams. In fact, people may be charged with a misdemeanor for carrying far less than the maximum threshold for a felony. The point is, you have been caught by law enforcement in possession of a substantial enough quantity of marijuana to be charged with a misdemeanor, or worse if you are a repeat offender, and/or already on probation for a conviction of a separate offense. What is the penalty for possession of less than 20 grams in Florida?
The penalty for possession of less than 20 grams in Florida is at least a first degree misdemeanor. There is of course a question as to whether the defendant had actual or constructive possession of the cannabis, and there is a question as to whether any search that took place was valid. Beyond the field test being presumptively positive, the State must prove the defendant constructively (more on what constructive means in a subsequent article), or actually possessed (and knew of the presence of the marijuana), and a measurement of the weight and quantity of the weed should be shown. This is where your criminal defenses kick in allowing your lawyer to act on your behalf by challenging the State’s claims, evidence, seeking to suppress the introduction of that evidence, and at a minimum, negotiation the best plea deal possible if the evidence happens to be ironclad. Jonathan Jacobs is a an uncontested divorce lawyer in Seminole County Florida and an uncontested divorce lawyer in Osceola County Florida. Call the Jacobs Law Firm for help with your legal case today if you have been charged with a crime, specifically, possession of less than 20 grams in Florida. Click here for your free case evaluation.
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