Getting Arrested for Marijuana in Palm Beach County
Call marijuana what you want – pot, reefer, ganja, grass or weed. But if you get busted for it in Palm Beach County, you’re going to call it “trouble.” While many U.S. states have decriminalized possession of marijuana for recreational use, Florida still has draconian laws regarding this substance, especially when it comes to trafficking or cultivating it for purposes of distribution.
Under Florida law, possession of 25 or more plants (formerly 300 plants) is considered intent to sell or distribute, and is a second degree felony carrying a maximum penalty of 15 years in jail and a $10,000 fine.
Possession of 20 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Possession of greater than 20 grams of marijuana is a felony, punishable by up to five years in prison and a fine of up to $5,000.
The delivery of 20 grams or less of marijuana for no consideration is a misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000. Sale, delivery or cultivation of any other amount up to 25 pounds is a felony and punishable by up to five years in prison and a fine of up to $5,000.
Sale, delivery or cultivation of greater than 25 pounds is considered trafficking, and all trafficking offenses have mandatory minimum sentences. For less than 2,000 pounds or less than 2,000 plants, there is a mandatory minimum sentence of three years and a fine of $25,000. For less than 10,000 pounds or less than 10,000 plants there is a mandatory minimum sentence of seven years and a fine of $50,000. For 10,000 pounds or 10,000 plants or greater, the mandatory minimum sentence is 15 years in prison and a fine of $200,000.
A sale or delivery within 1,000 feet of a school, college, public park, public housing, daycare center, or church is punishable by up to 15 years in prison and a fine of $10,000.
The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. A conviction of a drug related offense also requires suspension of your driver’s license for at least six months.
Mandatory Minimum Sentence
When someone is convicted of a crime punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. A prisoner serving a mandatory minimum sentence for a federal offense and for most state offenses is not eligible for parole. Even peaceful marijuana smokers sentenced to “a life mandatory minimum sentence” must serve a life sentence with no chance of parole.
Defending Your Freedom and Rights
A good Palm Beach County drug crime attorney will help you fight these charges. He will use a number of methods to get you acquitted like illegal search and seizure or entrapment. A defense attorney who has drug crime experience will fight to keep you out of jail and dismiss your case. Call marijuana what you want – grass, reefer, weed or ganga. But call a good Palm Beach County drug crime lawyer if you get caught.