Tampa Marijuana Possession Lawyer - Clearwater Criminal Defense Attorney

MISDEMEANOR POSSESSION
Misdemeanor marijuana possession is usually defined as possession of less than 20 grams.

POSSESSION OF DRUG PARAPHERNALIA
Florida also has a charge for possession drug paraphernalia. Paraphernalia may include obvious
items such as bongs, pipes, and smoking-bowls. However, overzealous police officers and
prosecutors use this charge to include otherwise innocent items such as plastic baggies, lighters,
and rolling papers. If you arefound with only a joint, a police officers may charge you with
possession of marijuana and possession of paraphernlia.

MAXIMUM PUNISHMENT
Possession of marijuana or paraphernalia is 1st degree misdemeanor and punishable by a
maximum of 364 days in county jail.
note: county jail is for sentences of 364 days or less. State prison is for sentences of more than
1 year.

DRIVER'S LICENSE SUSPENSION
A conviction for possession of marijuana, misdemeanor or felony, may lead to a 2 year
suspension of your driver's license. Ironically, conviction for possessing marijuana, a non-traffic
offense, carries a harsher penalty against your dirver's license then for multiple DUI offenders.
This shows just how simple minded and short sighted our legislature can be.

DOES RESIDUE CONSTSITUE POSSESSION OF MARIJUANA?
Yes. Possession of mere residual amounts of marijuana is enought to sustain the charge of
possession fo marijuana. Differewnt counties employ different standards when deciding how
much is enough to charge for possession.

FELONY POSSESSION
A Felonycharge is partially defined as possessing more than 20 grams of marijuana. Most often
this constitutes a 3rd dgree felony.

MAXIMUM PUNISHMENT
A 3rd degree felony is punsihable by a maximum of 5 years in prison.
A 2nd degree felony is punsihable by a maximum of 15 years in prison.

20 GRAMS
A typical amount purchased on the street is 1 ounce or 'zip.' One ounce of marijuana is the
equivalent of 28 grams. For reference, an 1/8 ounce bag equals approximately 3.5 grams.

DO THE POLICE WEIGH MARIJUANA?
Yes. Typically, the arresting officer will weigh any seized marijuana with a cheap, uncalibrated
scale similar to the type readily available at your local head shop. However, if weight is an
element of government's case then the marijuana must be weighed at a Florida Department of
Law Enforcement lab using a calibrated triple-beam scale. An expert lab analyst must testify to
the weight in court.

DOES THE WEIGHT OF THE MARIJUANA CHANGE?
Yes. Marijuana, especially quality product, typically conatins a high water content which tends to
evaporate over time. This factor may or may not be helpful to your case. If weight is an issue in
your case, the delay between the intial impound of the marijuana and the time prior to its offical
weighing by the lab technician may give the water time to evaporate. This will reduce the official
weight of the marijuana and possibly change the outcome of your case.

HOW MUCH CONSTITUTES TRAFFICKING OF MARIJUANA?
25 lbs.

ARRESTED FOR POSSESSION: WHAT ARE MY OPTIONS?
1. Motion to Dismiss or Motion to Suppress:
a. Is yours a case of Actual or Constructive Possession?
b. Did the police have the right to �stop� you in the first place?
c. Did the police have the right to search you?
d. Did you make any statements to the police?

2. Diversion program:
a. Offered to first time offenders � misdemeanor or felony;
b. Voluntary probation;
c. Community service, random urine screens, drug evaluation and recommended treatment;
d. Successful completion typically results in the State dropping the charges.

3. Probation:
a.Misdemeanor = 6-12 months. Typically includes random urine screens and drug rehabilitation if
deemed necessary.
b. Felony - length of probation varies, however first time offenders usually serve a minimum of
18 months probation with vaious sanctions.