Officers initiated a traffic stop on a vehicle with an inoperable headlight. The police immediately smelled marijuana coming from inside the automobile. Both the driver and passenger were handcuffed for a search of the vehicle prior to arrest. Officers located 10 grams of marijuana and a lot of paraphernalia: rolling papers, metal grinder, metal scissors and smoking pipes behind the driver’s seat. Officers arrested the driver and charged him with possession of marijuana and possession of drug paraphernalia.
Possession of Marijuana and Possession of Drug Paraphernalia in Florida
Possession of Marijuana, also known as cannabis, is a misdemeanor if the offender is carrying 20 grams or less. If the offender has possession of more than 20 grams, it is a felony. Carrying less than 20 grams will give the offender up to one year in jail, 12 months probation, and a fine of $1,000. Carrying over 20 grams will result in a sentence of up to five years in prison, five years of probation, and a fine of $5,000.
Cannabis concentrates, such as cannabis budder, wax, or oil do not fall into this category under Florida law. These can be prosecuted as a different crime.
Any person that has been convicted of possession of marijuana will also have their driver’s license revoked for one year.
Possession of drug paraphernalia is a first-degree misdemeanor. It is punishable by up to 12 months in the county jail and a fine of $1,000. There are many different types of drug paraphernalia. These could include, but are not limited to:
- Water pipes
- Duct tape
- Roach clips
- Rolling paper
- Storage containers
- Cutting tools
Diversion programs in Florida are typically for first-time drug offenders. There are a number of them in Florida that allow adults to complete the program, and then have the charges dropped against them. These diversion programs are very strict in nature. Each diversion program is different and has strict criteria that must be met in order to complete it successfully. The criteria may also depend on how high risk the offender is to repeat the same crime and could revolve around details of their charges/case.
Musca Law Firm Legal Representation
If you have drug charges against you, it is best for you to find legal representation as soon as the charges are given. A skilled attorney will stand beside you and fight for your rights.
Our lawyers at Musca Law Firm can successfully handle your case. We work hard to have our clients charges either greatly reduced or dropped completely. Let us take care of all the negotiating. Call us today for a free consultation.
RESULT: The defense immediately entered into heated negotiations on behalf of the client. The attorney arranged for our client to participate in a diversion program in lieu of moving forward with criminal charges. Thanks to the diligence of the defense, the State DROPPED all of the charges.