Monroe County, FL. Our client was pulled over for displaying illegal window tint on the rear windows. The officer made contact with the driver and noticed that he was nervous, evident by his shaking hands. The officer also noticed a light odor of burnt marijuana in the vehicle as he stood near the driver’s door.
The officer then issued our client a warrant relative to the illegal tint. Our client was then asked if there was anything illegal in the vehicle, where he stated that there was. He admitted to a bowl and a small amount of marijuana in a baggie. The officer then asked if he could conduct a search of the vehicle, where consent was given. The officer recovered a glass smoking pipe, coke can (false compartment inside), which contained approximately 1 gram of marijuana in the baggie. The pipe was inside a Crown Royal felt bag. Our client was issued a Notice to Appear, and all contraband was placed into evidence.
Possession of Marijuana in Florida
In Florida, it is a crime to possess marijuana unless an individual has a prescription for it. It is a misdemeanor to possess 20 grams or less of this controlled substance, but will be charged as a felony if there are more than 20 grams. The penalties for a misdemeanor are up to one year in jail, up to one year probation, and a fine of $1,000. For a felony, the offender will receive up to five years in jail, up to five years of probation, and a $5,000 fine. Any individual that will have been convicted of possession of marijuana will have their driver’s license suspended for one year.
Drug Paraphernalia in Florida
Possession of drug paraphernalia in Florida is considered a first-degree misdemeanor. Drug paraphernalia is any item that is planted, harvested, compounded, manufactured, prepared, stored, ingested, inhaled, or injected that is intended to introduce any illegal substance, such as marijuana.
Common items that can be viewed as drug paraphernalia include needles, pipes, bongs, roach clips, scales, syringes, chamber pipes, chillums, mini spoons, bowls, and rolling papers. Capsules, envelopes, balloons, or other containers can also be viewed as drug paraphernalia, as these are often what is used to store marijuana in.
Penalties for drug paraphernalia include up to one year in jail, one-year probation, and a $1,000 fine.
Musca Law Firm
If you have been convicted of possession of marijuana in the state of Florida, Musca Law Firm wants to hear from you. Our firm has vast experienced with criminal charges and will work hard to fight for your rights. We will provide different defenses to either have your charge lowered or completely dropped. We even offer a free consultation. Let us implement a defense that can have a favorable outcome for yourself. Call us today to learn how we can help you.
Result: Although it was our client’s second Possession of Marijuana offense, and the fact that the officer did not make an arrest, we were able to negotiate; NO CONVICTION!