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West Palm Beach, FL 33401

Possession of Marijuana

Despite the fact that an arrest for marijuana possession comes with serious penalties that can affect a person for the rest of his or her life, arrests for this offense are still some of the most common drug arrests made across Florida – including here in Palm Beach County. One of the contributors to the popularity of marijuana in Florida and the subsequent arrests made could be the controversy surrounding marijuana as a medical and/or recreational substance across the country.

In fact, 14 states have some form of decriminalization of marijuana, and 20 states plus Washington D.C. have medical marijuana legislation. However, marijuana – also known as cannabis, weed, pot, ganja, chronic, Mary Jane, reefer, and hydro – remains an illicit, Schedule I substance under Fla. Stat. § 893.03(1)(c) and possession is illegal. Working with an experienced marijuana charge defense attorney in West Palm Beach could be the difference between receiving the harsh consequences that come with conviction and achieving a more favorable outcome like reduction or dismissal of your possession of marijuana charges in Palm Beach County.

West Palm Beach Possession of Marijuana Defense Lawyer

The consequences of a marijuana possession conviction in Florida go beyond the penalties given at sentencing and into the lasting effects such a conviction can have on your future. If you have been arrested for possession of marijuana in West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Worth, Palm Beach Gardens, Riviera Beach, Royal Palm Beach, Wellington, or anywhere else in the Palm Beach County area, contact Andrew D. Stine, P.A.. Immediately starting on your defense could be key to its success.

Andrew Stine is a skilled and knowledgeable West Palm Beach criminal defense attorney with over 10 years of experience serving clients like you. As a former army medic and public defender, Andrew Stine is militant and detailed in his construction of comprehensive, customized defense strategies for his clients. To find out more about what Andrew D. Stine, P.A. can do for your Palm Beach County marijuana possession case, call 561.880.4300 today and schedule a free initial case consultation.


Marijuana Possession in Palm Beach County

In Florida, it is the Florida Drug Abuse Prevention and Control Act in Chapter 893 of the Florida Statutes that governs possession of all controlled substances in the state, including marijuana. According to Fla. Stat. § 893.13(6), it is unlawful for any person to be in actual or constructive possession of any controlled substance, including cannabis, without a prescription. Since medical marijuana is not legal in Florida, your out-of-state marijuana prescription will not be honored, and you can’t get a prescription for medical marijuana in this state.

The exception to Fla. Stat. § 893.13(6) specifically related to marijuana possession is Fla. Stat. § 893.13(6)(b) which allows for misdemeanor possession of marijuana. Generally, drug possession is a third-degree felony under Fla. Stat. § 893.13(6)(a), but Fla. Stat. § 893.13(6)(b) makes it a first-degree misdemeanor to be in actual or constructive possession of up to 20 grams of marijuana. Actual possession is having the cannabis on your person, such as in your pocket, while constructive possession is when you know the substance in your reach is illegal marijuana, but you have the ability and intent to take actual control of the cannabis anyway.

Possession of 20 grams or more of marijuana up to 25 pounds is considered to be a third-degree felony, the same as other drug possession, under . Stat. § 893.13(6)(a). Marijuana possession in amounts of 25 pounds or more is a felony trafficking offense. Under Chapter 893 of the Florida Statutes, marijuana is considered to be any part of the plant, excluding the resin or any compound, manufacture, salt, derivative, mixture, or preparation of the resin. No matter the circumstances of your West Palm Beach area marijuana case, it is strongly recommended you defend your rights and fight for a favorable outcome through the services of an experienced Palm Beach County marijuana crime defense lawyer.


Penalties for West Palm Beach Marijuana Possession

Marijuana possession charges are either a misdemeanor or felony offense, depending on the amount you are found in actual or constructive possession of. According to Fla. Stat. § 322.055, all marijuana possession convictions come with a driver’s license suspension of two years. Additionally, felony marijuana possession convictions come with sanctions like the loss of certain civil rights, such as owning a gun, the ineligibility for specific government aid, and the loss of certain educational and professional opportunities.

First-degree misdemeanor marijuana possession is punishable by up to a year in jail and/or up to $1,000 in fines. Third-degree felony marijuana possession carries a maximum punishment of five years in prison and a $5,000 fine. Both of these offenses will show up on background checks and must be reported on many Florida job applications. An experienced West Palm Beach marijuana defense attorney can fight to protect your rights and your future from conviction for marijuana possession.


Andrew D. Stine, P.A. | Defense Attorney for Palm Beach County Marijuana Possession

If you have been arrested and charged on misdemeanor or felony marijuana possession anywhere in Palm Beach County, including West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Park, Lantana, North Palm Beach, Pahokee, Palm Beach, Palm Springs, and Tequesta and are considering a criminal defense lawyer, it is best to call him as soon as possible after your arrest. Andrew Stine is a qualified West Palm Beach drug crime defense attorney with over 10 years of experience defending clients like you. Your first consultation with Andrew D. Stine, P.A. is free, so call 561.880.4300 today and schedule yours.