Marijuana

I have written this article in order for you to better understand your rights and the consequences of Marijuana Charge.

Drug possession is an offense by someone who did not manufacture, distribute, or sell the controlled substance. Instead, the defendant likely held the controlled substance for personal use. Possession of most controlled substances specified by Florida state laws may be charged as a third degree felony. Florida legislatures also recently addd bath sales and spice to the list of banned substances. State law allows a first degree misdemeanor charge for simple possession of cannabis — marijuana — in an amount less than twenty grams.

Florida state laws also require an increased sentence if the defendant has a violent criminal history with prior felony convictions; the state refers to these defendants as “career criminals” and “habitual felony offenders.” While the court cannot require an enhanced sentence when the current conviction is for drug possession, a felony conviction in the current case could affect future sentencing if the defendant faces additional charges.


Possession

Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of 25 lbs. or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of more than 25 lbs. – 2,000 lbs. of cannabis (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.

Any person who is knowingly in active or constructive possession of 2,000 lbs. – less than 10,000 lbs. of cannabis (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.

Any person who is knowingly in active or constructive possession of 10,000 lbs. of cannabis or more is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Sale or delivery within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

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Paraphernalia

Possession of drug paraphernalia is a misdemeanor in the first degree, punishable by a maximum sentence of one 1-year imprisonment and a maximum fine of $1,000.

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MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole.

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May 1, 2015
Marijuana Pensacola Florida

Florida Marijuana Charge

I have written this article in order for you to better understand your rights and the consequences of Marijuana Charge. Drug possession is an offense by […]