Misdemeanor Marijuana Possession

Marijuana is the most commonly used illicit drug in Florida, but every day hundreds of people in the sunshine state are arrested and charged with misdemeanor marijuana possession.

In most cases, people only possess small amounts of the plant and it results in a minor offense known as simple possession. While the offense is labeled as simple, the charge can entail a multitude of penalties.

Attorney for Misdemeanor Marijuana Possession in Treasure Coast, FL

If you were arrested on the Treasure Coast with less than 20 grams of cannabis, you should contact Meltzer & Bell today. Our attorneys are lifetime members of the National Organization of Marijuana Laws Legal Committee (NORML), and they will strive to achieve the best possible outcome for your situation.

Call Meltzer & Bell today at (772) 291-2534 or submit your information in the contact form to set up a case consultation. We proudly represent clients with misdemeanor marijuana possession in counties along the Treasure Coast the include Martin and Saint Lucie.


Overview of Misdemeanor Marijuana Possession in Treasure Coast, FL


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Actual Possession vs. Constructive Possession

While marijuana is legal for medical purposes, it is still illegal for recreational use in Florida. Under Florida law, it is against the law to be in possession of 20 gram or less of weed (simple possession).

The state defines possession as owing, managing or controlling the drug. Florida has two forms of drug possession: actual and constructive possession.

  • Actual Possession: This involves the cannabis being found on the offender. This can include in the hands, pockets, or any area the alleged offender had immediate and direct control over.
  • Constructive Possession: This is when the defendant has knowledge and control over drugs but may not necessarily have actual possession. For instance, if drugs are found in the glove box of the defendant’s locked car, even though the defendant is nowhere near the drugs, they could still be arrested for possession.

To establish constructive possession, the prosecutor must prove the alleged offender had control over the drug and knew where the drug was located. Under Florida law, more than one person can be in possession of the same drug. This often includes multiple people occupying one residence.


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Penalties for Misdemeanor Marijuana Possession

While there are other counties in the state that give out civil citations for possession of fewer than 20 grams of cannabis, Martin and Saint Lucie counties do not.

Studies have proven that casual use of marijuana has limited negative side effect and low levels of addiction. However, if you are convicted of simple possession, you could be charged with a first-degree misdemeanor that is punishable by:

  • Maximum jail sentence of one year
  • Up to $1,000 in fines
  • One year of a suspended driver license.

Being in possession of paraphernalia is also classified as a first-degree misdemeanor. Paraphernalia can include pipes, bongs, rolling papers, grinders and anything else used to store, grow or manufacture marijuana. If convicted possession of paraphernalia, you could face up to a year in jail and up to $1,000 in fines.

There are a few defense strategies that can be used against possession charges. These defenses include illegal search, which involves a law enforcement officer that illegally coerced evidence, or that you lacked the knowledge of the illegal marijuana possession. The best defense you can take, though, is contacting an experienced defense attorney.


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Additional Resources for Misdemeanor Marijuana Possession in Treasure Coast, FL

Florida NORML– Follow this link to learn more about the Florida chapter of NORML. You can learn about the state’s marijuana laws, legal issues regarding the plant, as well as facts about cannabis. NORML is a non-profit organization with a goal to shift public opinion to legalize marijuana in the United States.

Prohibited Acts and Penalties | Florida Statute 893.13 – Read through the state statute that governs how marijuana possession is defined and penalized in Florida. The statute also defines penalties for other drug offenses. The statute can be read on Online Sunshine, the official website for the Florida legislature.


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Lawyer for Misdemeanor Marijuana Possession in Treasure Coast, FL

If you were recently arrested for being in possession of small amounts of marijuana, you should contact Meltzer & Bell. Our attorneys are experienced with misdemeanor marijuana possession in the Treasure Coast, and they will strive to achieve the best possible outcome for your situation.

Call Meltzer & Bell today at (772) 291-2534 or submit your information in the online form to set up a case consultation. We represent clients with marijuana offense in counties along the Treasure Coast that includes Martin and Saint Lucie.


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