The national and state conversations about marijuana possession have been changing for years.
Unfortunately, law enforcement hasn’t always been quick to keep up. Nowadays, it’s unclear
as to whether or not you should be charged for the possession of marijuana or similar
substances. What’s more, law enforcement can still make mistakes when trying to hold you
accountable for a crime you didn’t commit.
You don’t have to untangle the complexities of a marijuana possession charge on your own. Let
the Law Office of Robert H. Hanaford go to bat for you instead. A Naples marijuana
possession lawyer can protect your criminal record from undue charges and can work with you
in order to make sure you’re represented to the best of our abilities.
As of 2016, Florida legalized the use of marijuana for medical purposes
throughout the state. As such, parties with prescriptions for usage may not face
criminal consequences for the possession of marijuana. This, however, does not
mean that applicable parties won’t face criminal consequences for driving while
under the influence or smoking in public.
Possession of 20 grams of marijuana or less in public constitutes a misdemeanor
in Florida. The state offers parties charged with misdemeanor possession the
option to pursue drug diversion programs as part of their recovery. However,
charges of misdemeanor possession that go unchallenged in criminal court still
make an impact on the accused’s criminal record.
Marijuana possession as a misdemeanor may see the alleged offender face up to one
year of time in prison and up to $1,000 in fines.
The additional consequences for marijuana possession vary depending on the amount
of marijuana allegedly in the offender’s possession. Specifically:
Possession of between 20 grams and 25 pounds merits five years in prison and
fines of up to $5,000
Possession of between 25 pounds and 2,000 pounds results in fines of up to
$25,000. Time imprisoned can range between three and 15 years, with three
years serving as the minimum mandatory sentence.
Possession of between 2,000 and 10,000 pounds of marijuana sees the alleged
offender serve at least seven years in prison, with sentences maxed at 30
years. Fines can cost the alleged offender up to $50,000.
Charges addressing the possession of marijuana in such vast quantities constitute
felonies in the Sunshine State. If you want to avoid these increasing-severe
consequences, you need to work with a drug possession attorney to contest these
charges in criminal court.
A marijuana possession attorney in Naples can help you combat possession charges
through a few different means. The most common defenses to use in the wake of
marijuana possession charges include:
Police officers didn’t have the right to pull you over or otherwise stop you
at the time your arrest occurred
The search of your person or property can be deemed unconstitutional
The substance you had on you wasn’t marijuana
You didn’t know that you were in possession or otherwise in control of
marijuana at the time of your arrest
There is also a chance that you might participate in a relevant first-time
offenders program. You may have the right to substitute a criminal charge for a
six-month revocation of your license, community service, and time spent in
The sooner you’re able to reach out to an attorney in the wake of marijuana
possession charges, the better off you may be. Our attorneys can intercede for
you before law enforcement or other parties can misinterpret the arguments
you’ve given in your defense. As such, consider making a criminal defense lawyer
your first phone call after your interaction with police officers.
Remember, too, that you may invoke the right to remain silent when accused of
possession by Floridian law enforcement. The less you say before you have an
attorney on the scene, the harder it may be for police officers to hold you for
your alleged possession.
Federal attitudes toward certain marijuana charges are changing today. As
recently as October 2022, President Joe Biden announced that he intended to
pardon any parties imprisoned due to charges of marijuana possession with future
action to follow.
You can discuss how this move on the part of the federal government is set to
impact the case brought against you or a loved one with your legal
representation. It may see some of the charges against you dropped without legal
That said, do note that a federal pardon is not the same thing as an expungement.
If you ever want to remove a marijuana possession charge from your criminal
record, you need to pursue the expungement process made available by the
applicable Floridian departments. You can discuss your next best steps with
Naples’ marijuana possession attorneys.
Contact the Law Office of Robert H. Hanaford for Marijuana
The laws surrounding the possession of marijuana are constantly in flux. If you feel you’ve
been wrongfully accused of possession or want to otherwise challenge the charges brought
against you, you can do so with help from a Naples marijuana possession attorney with the
Law Office of Robert H. Hanaford.
Reach out to the Law Office of Robert H. Hanaford and see how we can help you with potential
criminal marijuana possession charges. You can learn more about our defense services by
calling our office at (239) 351-1904 or filling out our online Contact form.
Hanaford Law Offices is a criminal defense attorney providing
high-quality legal services in Florida across Naples SW Florida and Chicago Illinois.