Possession of Marijuana & Drug Paraphernalia


The Charges

The defendant was stopped by police for driving over the speed limit. Police suspected alcohol intoxication and the defendant submitted to sobriety tests. He then submitted to a breath test with results of .137% and .128%. A search of the defendant’s vehicle revealed a pouch containing marijuana. The defendant was arrested and charged with DUI, Possession of Marijuana, and Possession of Drug Paraphernalia.


In Florida, a DUI (driving under the influence) has many penalties and consequences. The offender could have up to 6 months of jail time with one year of probation. Fines will start at $500 and go up to $1,000. The offender will also have their car impounded for 10 days and their driver’s license suspended for 180 days to one year. They will also be required to do 50 hours of community service. 

A DUI is charged when a blood alcohol level is .08% or higher. There will be enhanced penalties for those that have a blood alcohol level of .15% or higher or if the individual was driving with a minor in the car. Enhanced penalties include up to 9 months in jail, and fines that start at $1,000 and go as high as $2,000. The offender could also be required to have an Ignition Interlock Device (IID) placed in their car. This will be paid for by the defendant himself.

Possession of Marijuana

Possession of marijuana, as long as it is under 20 grams, is labeled as a first-degree misdemeanor. People may have active possession of it, in which case they either had cannabis in their hands or within reach. Or they could have constructive possession of marijuana, which means the cannabis was not with them in person, but it was in a place where they had control over it. 

Possession of marijuana has penalties of up to one year in prison, one year of probation, and a fine of $1,000. The offender will most likely lose their driver’s license for up to a year and will also be required to pay any court costs or fines. 

Musca Law Firm

If you have either DUI charges or possession of marijuana or drug paraphernalia, it is in your best interest to seek legal services. Musca Law Firm here in Florida will fight for your rights. We serve the entire state of Florida, with offices located in various cities for our clients’ convenience. We offer a free initial consultation and accept phone calls 24 hours a day. Please call us at (888) 484-5057 to set up your free initial appointment. 

RESULT: The Musca Law defense attorney entered into firm negotiations with the prosecution. The client entered a plea to a lesser offense resulting in NO FORMAL FINDING OF GUILT on the charge of DUI. No Points were assessed for the client’s driver’s license and his License was Not Suspended. In addition, the client did not get convicted of Possession of Marijuana and Drug Paraphernalia and is eligible to have his record sealed!