Officers initiated a traffic stop on a driver with a loose temporary paper tag. The driver could not find his license and the officer discovered that it was suspended. The defendant admitted to the police that he did have a gun in his possession without a permit. Officers went to remove the gun and found marijuana and ecstasy pills. The defendant was arrested on charges of felony possession with intent to sell, possession of marijuana, and possession of paraphernalia.
Felony Possession With Intent to Sell
Possession with intent to sell in Florida can be classified as a second or third-degree felony depending on what substance was intended to be sold. Possession of cannabis, also known as marijuana, is a third-degree felony as it is categorized as a Schedule I drug.
In Florida, the term “sell” means to deliver a product to someone, and then exchange the product for money or another thing of value.
Possession of Marijuana
Possession of under 20 grams of marijuana in Florida is labeled as a first-degree misdemeanor. The possession can be actual (it is in the hands of the accused person or in a container in the hand of the accused, or it is within reach) or constructive possession (the drug is not in possession of the person, but he or she has control of it).
In order to prove possession of marijuana, the prosecution will need to find the following three elements true:
- The accused possessed a certain amount of the drug.
- The substance was cannabis, under 20 grams.
- The accused knew about the controlled substance.
Penalties for possession of marijuana will be up to one year in jail, one year of probation, and a fine of $1,000. The person’s driver’s license will also be suspended for one year.
Possession of Paraphernalia
Possession of Paraphernalia in Florida is a first-degree misdemeanor. It is defined as “any item used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or otherwise introduce an illegal or controlled substance” per Florida Statutes 893.146.
Examples of drug paraphernalia include bongs, small mixing bowls, rolling papers, mirrors, razors, baggies, scales and balances, envelopes, and pipes.
Musca Law Firm
If you have been arrested on drug charges, Musca Law Firm wants to hear from you. Our law firm has handled many drug cases successfully. We will develop a strong defense, which will expose any weaknesses in the prosecution’s case.
We offer extended hours for your convenience along with offices that are located in various cities across the state of Florida. Please call us today at (888) 484-5057 to schedule your free no-obligation consultation with one of our highly-qualified criminal defense attorneys.
RESULT: The Musca Law defense attorney argued to the prosecution that the officer performed an invalid traffic stop on the client. The State agreed and decided not to file charges against the client. All charges against the defendant were DROPPED!