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Common Marijuana-Related Charges in Florida

Some states in America have already legalized marijuana, but Florida is not one of them. Despite the current movement of marijuana as a treatment for chronic pain and depression, it’s still highly stigmatized. Florida has some exceptions for medical use, but the recreational use of marijuana is still illegal.

If you live in Florida or have moved to Florida from a state where marijuana has been legalized, it is wise to familiarize yourself with common marijuana-related charges. If you’re not sure and you’ve been arrested under one of these common marijuana-related charges, reach out to the lawyers at Hersem Law for guidance.

Possession Charges

Possession is the charge you may face if you’re accused of having marijuana on your person or with your property. The penalties for possession vary depending on how much marijuana is found. There is a line between amounts designated for personal use and amounts that could be linked to distribution.

Twenty grams or less is deemed an amount for personal use and possession of twenty grams or less in Florida is a first-degree misdemeanor. This can result in up to a $1,000 fine and up to one year in jail. 

Possession of over twenty grams is a third-degree felony. A third-degree felony can incur a fine of up to $5,000, and five years in jail.

Cultivation and Sale

Cultivating marijuana is the process of managing cannabis crops from the planting stage until the harvesting stage. The penalties for cultivating and selling marijuana are dependent on the amount and the place it occurs.

Assuming the cultivation and sale don’t take place in a prohibited area, it’s a third-degree felony that carries up to a $5,000 fine and up to five years in jail.

Prohibited areas carry higher fines and penalties, and incur an additional second-degree felony. Prohibited areas include: 

  • Schools 
  • Public recreation areas, such as parks
  • Places of worship
  • Public housing facilities
  • Assisted living facilities 

If a person is found to be cultivating and/or selling marijuana within 1,000 feet of a prohibited area, they could face up to fifteen years in prison and fines of up to $10,000.

Growing and delivering up to twenty grams of marijuana without payment is a first-degree misdemeanor, resulting in up to a year in jail and up to a $1,000 fine. Selling to a minor or hiring a minor to sell marijuana is a second-degree felony, carrying up to 15 years in prison and up to a $10,000 fine.

Maintaining anything that functions as a storefront (a vehicle or structure to store, grow, or distribute from) is a first-degree misdemeanor, incurring up to a year in jail and up to a $1,000 fine.

Drug Paraphernalia 

Drug paraphernalia is a catchall term for any sort of equipment used for cultivating, harvesting, manufacturing, processing, testing, packaging, storing, concealing, transporting, inhaling, or otherwise introducing into the human body a controlled substance. It is a vast category.

Specific to marijuana, paraphernalia can look like any of the following:

  • Smoking pipes
  • Bongs
  • Bubblers
  • Hookahs
  • Rolling papers
  • Tobacco blunts
  • Grinders
  • Roach clips
  • Vaporizers
  • Vape pens
  • Dabs

Talk to your lawyer if you’ve been accused of using or possessing drug paraphernalia. Your attorney can help you build a defense that aids your case. 

Understand Your Charges with a Lawyer’s Help

Despite the many strides that marijuana users have made in legalizing the drug, it’s still illegal in many places, including Florida. 

If you are unsure of your circumstance or have been charged with something marijuana-related, Hersem Law is here to help you understand your options and your rights. Call today at 813-251-7291 or fill out the following online contact form for a free strategy session.