Even as marijuana / cannabis is legalized across the United States for both medical and recreational use, Floridians are often arrested and charged with crimes related to marijuana. Attorney Mark Germain is a member of the National Organization for the Reform of Marijuana Laws (NORML) and an active member of their National Legal Committee. The organization works to protect marijuana consumers and the attorneys collaborate with each other to utilize cutting edge defense strategies to defend those facing criminal accusations in both State and Federal court.
If you’re facing marijuana charges in Florida, it’s natural to feel overwhelmed and uncertain about what comes next. The state takes these offenses seriously, with significant resources devoted to investigating and prosecuting them. These charges can range from minor misdemeanors to serious felonies, with the latter carrying much harsher penalties that can impact your life for years to come.
Melbourne Lawyer for Marijuana Charges
At Germain Legal, we understand that being accused of a marijuana-related crime doesn’t mean you’re guilty. There’s a world of difference between an accusation and a conviction, and that gap can make a real difference for you.
We’ll walk you through the types of marijuana charges you might be facing, the potential consequences, and the defenses available to you. With the right legal help, you can fight for the best possible outcome.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
- What Is Marijuana?
- Specific Offenses
- What Are Potential Defenses to Marijuana Charges?
- Criminal Process for Individuals Facing Marijuana Crimes Charges
- Collateral Consequences of a Marijuana-Related Conviction
- What Are Potential Alternatives to Incarceration?
- What Can a Marijuana Possession Lawyer Do For Me?
- Additional Resources
- Hire a Lawyer for Marijuana Charges in Brevard County Florida
What Is Marijuana?
Marijuana, also known as cannabis, is a plant that contains psychoactive substances and is used for recreational and medicinal purposes. Marijuana is still illegal under federal law, where it’s classified as a drug with a high risk of abuse and no accepted medical use. This means possessing, selling, or growing marijuana can lead to serious federal penalties like prison time and large fines.
According to Florida law, marijuana is classified as a Schedule I drug, which means it is considered to have a high potential for abuse and no accepted medical use according to Florida Statutes Section 893.03(1)(c)7. In Florida, medical marijuana is legal with strict rules, but recreational use is still illegal. Because of the differences between state and federal law, even people following Florida’s medical marijuana rules could face federal charges, although the federal government usually doesn’t enforce these laws in states with medical marijuana programs.
Specific Offenses
- Misdemeanor Possession of Cannabis – Florida Statutes Section 893.13(6)(b): Possession of 20 grams or less of cannabis in Florida is illegal. If someone is found with this amount, they are charged with a first-degree misdemeanor. The law applies specifically to the cannabis plant and excludes any resin or derivatives from the plant.
- Felony Possession of Marijuana – Florida Statutes Section 893.13(1)(a): Felony possession of marijuana occurs when a person has over 20 grams of marijuana with the intent to sell, manufacture, or distribute it. In Florida, this offense is classified as a third-degree felony.
- Cultivation of Marijuana – Florida Statutes Section 893.13(1)(a): Growing marijuana in Florida is illegal unless specifically authorized. If someone is caught growing marijuana, such as having a grow house, it is classified as a felony of the third degree. If the manufacturing occurs within 1000 feet of a school, park, or other specified areas, the charge can be elevated to a felony of the first degree.
- Trafficking Marijuana – Florida Statutes Section 893.135: Trafficking marijuana involves knowingly handling more than 25 pounds of cannabis or 300 or more cannabis plants. This crime is a first-degree felony in Florida. The penalties vary based on the amount involved: for amounts over 25 pounds but less than 2000 pounds or 300-2000 plants, the minimum sentence is 3 years in prison and a $25,000 fine. Larger amounts carry harsher mandatory sentences, up to 15 years in prison and a $200,000 fine for 10,000 pounds or more or 10,000 plants or more.
- Federal Marijuana Offenses – 21 U.S. Code § 841 and § 844: Under federal law, it is illegal to possess, distribute, or manufacture marijuana. Currently, marijuana is classified as a Schedule I drug, meaning it is considered to have a high potential for abuse and no accepted medical use. For simple possession, the penalty can include up to one year in prison and a minimum fine of $1,000 for a first offense. For larger quantities, such as 1,000 kilograms or more, the penalty includes a mandatory minimum of 10 years in prison with the possibility of a life sentence, especially if serious injury or death results.
- Medical Marijuana Offense – Florida Statutes Section 381.986: If a person in Florida lies about having a medical condition to get a marijuana prescription, they are committing a first-degree misdemeanor. Additionally, using marijuana in public places, vehicles, or on school grounds without proper authorization is also a first-degree misdemeanor. Failing to show a valid medical marijuana ID card when asked by law enforcement is a second-degree misdemeanor unless the person can later prove they were authorized to possess it.
What Are Potential Defenses to Marijuana Charges?
- Unlawful Search and Seizure: The Fourth Amendment protects individuals from unlawful searches and seizures. If law enforcement conducts a search without a warrant, probable cause, or a valid exception to the warrant requirement, any evidence obtained during that search may be suppressed.
- Lack of Knowledge: In some cases, the accused may not have been aware of the presence of marijuana. For example, if marijuana is found in a car but the defendant can demonstrate that they were unaware of its existence, this defense may apply. The burden is on the prosecution to prove that the defendant knowingly possessed the marijuana.
- Medical Marijuana Exception: Florida law allows for the legal use of marijuana for medical purposes under certain conditions. If the defendant is a registered medical marijuana patient and was in possession of marijuana in compliance with state regulations, this could serve as a defense against criminal charges.
- Entrapment: Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. If the defendant can show that law enforcement officers persuaded or coerced them into committing a marijuana-related offense, this defense may be viable.
- Improper Lab Testing: The prosecution must prove that the substance in question is indeed marijuana. This typically requires lab testing. If there is a problem with the lab procedures, contamination, or errors in the chain of custody, the results could be challenged, weakening the prosecution’s case.
- Possession vs. Constructive Possession: Possession charges require the prosecution to prove that the defendant had actual or constructive possession of the marijuana. If the marijuana was found in a shared space like a home or vehicle, the defense can argue that the defendant did not have control over the substance or that it belonged to someone else.
- Weight and Quantity Discrepancies: Charges can vary significantly based on the amount of marijuana involved. If there are discrepancies in the reported weight or quantity of the marijuana, this could affect the severity of the charges or result in a dismissal if the discrepancies are significant enough.
- Miranda Rights Violation: If the defendant was not properly informed of their Miranda rights before being questioned by law enforcement, any statements or confessions made may be inadmissible in court.
- Alibi: If the defendant can provide evidence that they were not present at the location where the marijuana was found at the time it was discovered, this defense can be effective. An alibi must be corroborated by credible witnesses or evidence.
- Mistake of Fact: This defense applies when the defendant genuinely believed they were not in possession of marijuana. For example, if they thought the substance was a legal product like hemp or CBD, they may argue that they made an honest mistake, which can negate criminal intent.
Criminal Process for Individuals Facing Marijuana Crimes Charges
Investigation: When someone in Florida is suspected of committing a marijuana-related crime, the process often begins with an investigation. This can be initiated by local police, sheriff’s departments, or state law enforcement agencies. Investigations may include surveillance, informants, undercover operations, or search warrants.
Arrest and Booking: If law enforcement officers find enough evidence during the investigation, they may arrest the individual. In some cases, the arrest happens immediately after the investigation, especially if the person is caught in the act, such as during a traffic stop or at the scene of a raid.
First Appearance and Bond Hearing: The first court appearance usually happens within 24 hours of arrest. During this hearing, a judge reviews the charges and determines whether the person can be released on bond. Bond is a sum of money or property given to the court to help ensure that the individual returns for future court dates.
Filing of Charges: After the first appearance, the State Attorney’s Office reviews the case to decide whether to file formal charges. The decision is based on the strength of the evidence. The prosecutor may file the original charges, modify them, or decide not to file any charges. If charges are filed, the case moves forward.
Arraignment: The arraignment is the next step. During this hearing, the individual is formally charged and asked to enter a plea—guilty, not guilty, or no contest. If the person pleads not guilty, the case proceeds to the pre-trial phase. If the plea is guilty or no contest, the case moves to sentencing.
Pre-Trial Motions and Hearings: Before the trial, both the defense and the prosecutor may file motions—requests for the court to make certain decisions. Common motions in marijuana cases include motions to suppress evidence if the defense believes the evidence was obtained illegally. The judge may hold hearings to decide on these motions.
Trial: If the case is not resolved in the pre-trial phase, it moves to trial. The trial can be before a judge (bench trial) or a jury. During the trial, both the defense and the prosecution present their evidence and arguments. The prosecution must prove beyond a reasonable doubt that the individual committed the crime.
Verdict and Sentencing: At the end of the trial, the judge or jury delivers a verdict—guilty or not guilty. If the individual is found not guilty, they are released. If found guilty, the case moves to sentencing.
Appeals: If the individual is found guilty, they have the right to appeal the conviction or the sentence. An appeal is a request for a higher court to review the case for legal errors. The appeals process focuses on whether the trial was conducted fairly according to the law rather than re-examining the facts of the case.
Collateral Consequences of a Marijuana-Related Conviction
- Employment Challenges: A conviction for a marijuana crime can severely limit job opportunities. Many employers conduct background checks, and a criminal record can make it difficult to secure a job. Certain professions, particularly those requiring a license or security clearance, may become off-limits entirely.
- Driver’s License Suspension: A conviction for marijuana-related offenses in Florida can lead to an automatic two-year suspension of the defendant’s driver’s license. This is a mandatory consequence, which can make it difficult to maintain employment or fulfill personal responsibilities if driving is essential to daily life.
- Housing Difficulties: Finding a place to live can also become more challenging with a marijuana conviction. Many landlords perform background checks on potential tenants. A criminal record might lead to a denial of housing applications, especially for federally funded housing where strict rules are in place regarding criminal backgrounds.
- Impact on Education: A marijuana conviction can also affect educational opportunities. Students who are convicted may lose eligibility for federal financial aid, including grants, loans, and work-study programs. This can make it harder to afford college or vocational training, limiting future career options.
- Family and Child Custody Issues: A marijuana conviction can have significant implications in family law matters. Courts may view a criminal record unfavorably in custody battles, potentially affecting a parent’s ability to gain or maintain custody of their children.
What Are Potential Alternatives to Incarceration?
- Probation: Under Florida Statutes Section 948.01, probation is a non-jail alternative for individuals convicted of marijuana crimes. The individual must follow specific conditions set by the court, such as regularly reporting to a probation officer, not violating any laws, and possibly undergoing drug treatment or community service.
- Drug Court Program: Under Florida Statutes Section 397.334, individuals may be eligible for a drug court program. This program focuses on rehabilitation through regular court appearances, drug testing, and treatment instead of jail time.
- Pretrial Diversion Program: According to Florida Statutes Section 948.08, some first-time offenders may qualify for a pretrial diversion program. If the individual completes the program, which may include counseling and community service, the charges could be dropped, avoiding a conviction and jail time.
- Community Control: Per Florida Statutes Section 948.10, community control is a more restrictive form of probation where the individual is confined to their home and must follow strict supervision rules. This alternative is often considered for those who might otherwise face jail time but are still deemed suitable for supervision outside of jail.
- Substance Abuse Treatment: Under Florida Statutes Section 948.01(8), the court may order substance abuse treatment as an alternative to jail, especially if the individual’s crime is related to their drug use.
What Can a Marijuana Possession Lawyer Do For Me?
- Explaining the Charges and Possible Consequences: A lawyer will help the person understand exactly what they are being charged with and what the possible outcomes could be. This includes explaining the differences between charges for possession, distribution, or cultivation, and what each of these could mean for their future.
- Guiding Through the Legal Process: The legal system is complicated. A lawyer will guide the person through each step from the moment they are charged to the final resolution of the case. This includes helping with paperwork, court appearances, and understanding what happens next.
- Building a Strong Defense Strategy: While avoiding specific legal defenses, a lawyer will create a plan to defend against the charges. This includes gathering and reviewing evidence, interviewing witnesses, and looking at the details of how the arrest was made to find any issues that could benefit the client’s case.
- Negotiating with Prosecutors: A lawyer often talks to the prosecutors to try to reach an agreement that could reduce the charges or lessen the penalties. This can include negotiating for a lighter sentence or even getting the charges dropped under certain conditions.
- Offering Support and Advice: Facing criminal charges is stressful, and a lawyer provides not just legal advice but also support. They help the person make informed decisions about their case and what options are available.
- Protecting Rights: One of the most important things a lawyer does is protect the person’s rights throughout the process. This means making sure that the police, prosecutors, and court treat the person fairly and follow the rules.
- Preparing for Court: If the case goes to trial, a lawyer will prepare the person for what to expect in court. This includes helping them understand how to respond to questions, what to wear, and how to behave during the trial.
Additional Resources
Florida Statutes Section 893.13 – Marijuana Crimes – Florida Statutes Section 893.13 covers the legal consequences for various marijuana-related offenses. It outlines penalties for selling, manufacturing, or possessing marijuana with intent to distribute. The severity of the penalties depends on the quantity and proximity to sensitive areas like schools or parks. Offenders can face charges ranging from misdemeanors to felonies, with mandatory minimum sentences in certain situations.
Florida Statutes Section 893.135 – Trafficking in Cannabis – Florida Statutes Section 893.135 addresses the crime of trafficking in cannabis, focusing on those who handle large quantities of marijuana. Trafficking is classified as a first-degree felony, with mandatory minimum sentences based on the amount involved.
Driving and Marijuana – Driving and marijuana use is a contentious issue in policy discussions. Research shows that while marijuana impairs driving, its effects are generally less severe than alcohol. However, driving under the influence of marijuana remains illegal and dangerous. Many states have established strict laws to penalize drivers who are impaired by marijuana.
Florida Could Legalize Marijuana, But People Arrested Still Face Tough Road – Florida is considering legalizing recreational marijuana, but those who have been arrested for marijuana-related offenses might still face significant challenges. Even if a proposed amendment passes allowing possession of small amounts of marijuana, it won’t automatically clear past criminal records.
Rescheduling of Marijuana – The Drug Enforcement Administration (DEA) is holding a hearing to discuss the rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. This move reflects a recognition that marijuana has accepted medical uses and a lower potential for abuse compared to other Schedule I substances. The hearing will address whether this change should be made and what regulations should apply if it occurs
Hire a Lawyer for Marijuana Charges in Brevard County Florida
While marijuana continues to become more socially acceptable, especially along the Space Coast, it remains generally illegal in Florida, with the exception of medical use. The use of marijuana can result in surprisingly severe convictions for first and second-time offenders, which is why it’s important to contact an experienced criminal defense attorney at the first sign of trouble.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
