Marijuana Possession Penalties in Miami, Florida

Written by:Julian Stroleny PortraitJulian Stroleny

If you keep track of the news, you know that marijuana has been a topic of intense debate over the last year in Florida. Our criminal lawyer in Miami knows this all too well. So what’s all the fuss? Presently marijuana is considered a schedule 1 controlled substance, meaning that the FDA doesn’t consider it to have any medical applications.

Many medical experts, scientists and researchers are in strong disagreement with this idea, and we are as well. Especially since a growing number of scientific studies have shown the efficacy of cannabinoids as a therapy for a litany of diseases. Our knowledgeable Miami criminal defense lawyer will aggressively fight to protect clients from incrimination for marijuana possession charges.

Medical grade marijuana is already used as a therapy for such conditions as:

  • Arthritis
  • Cancer
  • HIV/AIDS
  • Neuropathic pain
  • Multiple sclerosis
  • Glaucoma
  • Anorexia
  • And many other diseases

With such a large number of researchers, healthcare practitioners and providers vouching for the medical use of marijuana, voters and legislatures are standing up and taking notice. Our criminal lawyer in Miami is well ahead of the curve in this matter, too.

Florida’s Position On Marijuana

At the time of writing this, there are 21 states who have successfully decriminalized the personal use of marijuana. These include central states like New York, Rhode Island, Maryland, Columbia, Maine, North Carolina and Vermont.

Perhaps you’ve noticed that Florida wasn’t on that list. The unfortunate truth is that Florida has not yet decriminalized less “serious” marijuana possession offenses.

How Much Is Enough?

Carrying any amount of pot will continue to be a crime until Florida convinces its lawmakers to soften possession laws. Here is a list of the punishments which exist for possession of varying amounts.

  • Possession of up to 20 grams is considered a misdemeanor. If convicted, the defendant may have to pay a fine of up to $1,000, and if sentenced, spend up to the maximum of one year in jail.
  • Possessing between 20 grams and 25 pounds is considered a felony. If convicted, the guilty party may have to pay a fine of up to $25,000 and could receive a prison sentence of up to 5 years
  • Giving away marijuana is a misdemeanor, also punishable by a maximum fine of $1,000 and up to one year in jail.
  • Selling small amounts of marijuana on the other hand is a felony, which is punished by a maximum sentence of 5 years and a fine of up to $5000.

You’ve read that correctly. Even selling as little as 20 grams can result in a 5 year prison sentence!

Diversion Programs

Fortunately, Florida has instituted a series of diversion programs. The purpose behind these programs is to allow first-time offenders the chance to undergo rehabilitation. A diligent criminal lawyer in Miami will be able to increase your chances of entering into one of these programs instead of facing charges.  To put your mind at ease about pending drug charges, we recommend that you contact a Miami criminal defense attorney on our highly experienced team.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Criminal Lawyer In Miami.


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