Marijuana Charges
Marijuana (also known as pot, weed, reefer, grass and cannabis) is the most frequently used illegal substance in Florida and the United States. Florida's marijuana laws are particularly harsh. Marijuana charges and convictions can lead to severe punishments, including both criminal punishments and additional indirect consequences.
Some of the most common marijuana charges under Florida law include:
A conviction for any marijuana charge under Florida law will result in an immediate two year driver’s license suspension. Other indirect consequences include a ban from certain financial aid for educational purposes and public housing.
Tallahassee Marijuana Defense Attorney
It is imperative to hire an attorney who will defend your marijuana charges aggressively. Don Pumphrey, Jr. has defended various marijuana charges throughout Leon County and the surrounding areas of North Florida. He uses his knowledge and experience to receive the best possible outcome for your particular case. Call Tallahassee's marijuana defense attorney, Don Pumphrey, Jr., for a consultation today.
Marijuana Charges Information Center
Back to top
Florida Marijuana Charges and Statutes
The state of Florida prosecutes marijuana charges under The Florida Comprehensive Drug Abuse Prevention and Control Act, codified in Chapter 893 of the Florida Statutes. This act defines Florida marijuana laws and the penalties associated with marijuana charges.
-
Simple Possession / Under 20 Grams - Florida Statute § 893.13 defines possession or delivery of marijuana under 20 grams as a first degree misdemeanor.
-
Possession of Marijuana Paraphernalia - Examples of paraphernalia include pipes, bongs, papers, roach clips or marijuana grinders. This charge is also a first degree misdemeanor.
-
Possession of Marijuana Over 20 Grams - according to Florida Statutes § 893.13, is a third degree felony.
-
Manufacture of Cannabis / Cultivation - Producing or growing marijuana is also a third degree felony under § 893.13 of the Florida Statutes.
-
Trafficking Cannabis - The sale and distribution of marijuana within the state of Florida of less than 25 pounds is a third degree felony according to Florida Statutes § 893.13. Trafficking 25 to 2,000 pounds of marijuana or 300 to 2,000 plants is a second degree felony. According to the Florida Statutes, trafficking marijuana over 2,000 pounds is a first degree felony.
Back to top
Florida Marijuana Penalties
Certain marijuana convictions in Florida will result in an immediate suspension of your driver’s license for two years pursuant to Florida Statutes § 322.055, whether or not the charge was driving related. Other marijuana convictions can lead to:
- a three-year ban on public housing,
- a lifetime firearm ban pursuant to Florida Statutes § 790.23 for marijuana felony convictions,
- the inability to receive state financial aid and certain scholarships for schooling,
- being ineligible for government employment unless registered in a drug treatment program,
- an inability to receive certain licenses, permits or certifications unless registered in a drug treatment program for felonies, and
- a five-year ban on adopting or becoming a foster parent in Florida
Additionally, the Florida Statutes describe criminal penalties for various marijuana charges.
Marijuana offenses in Florida that are classified as first degree misdemeanors can incur jail sentences for up to one year and/or fines up to $1,000. Second degree misdemeanor marijuana offenses can incur up to 60 days in jail and/or fines up to $500.
Felony marijuana penalties are punishable by greater prison sentences and larger fines. For example, a third degree marijuana felony can result in up to five years in state prison and/or up to $5,000 in fines. Second degree marijuana felonies are punishable by up to 15 years in state prison and fines up to $25,000. First degree marijuana felonies can incur up to 30 years in Florida prison and/or fines up to $200,000.
Back to top
Florida Grow Houses
Florida passed new legislation in 2008 regarding the laws and penalties pertaining to grow houses in Florida. The Marijuana Grow House Eradication Act, codified in Florida Statutes § 893.1351, makes growing just 25 marijuana plants in a home evidence of an intent to sell or distribute marijuana.
This charge would result in a felony conviction with up to 15 years in prison. Also, if you are a landlord or resident of a grow house, you can be charged with a felony and serve time in prison.
Previously, Florida legislation provided that type of punishment for growing 300 or more plants. Further, federal trafficking laws permits up to 100 plants to be grown in a house before such a harsh penalty is imposed.
Florida law defines a marijuana plant as anything with evidence of root formation, even if it is a seedling or cutting. This marijuana grow house legislation makes Florida one of the most stringent states regarding marijuana laws.
Back to top
Medicinal Marijuana in Florida
At this time, Florida does not legally permit the use of medicinal marijuana in the state. However, it can be used for a variety of medicinal treatments. It is often used for pain relief, especially from nerve damage, and can be used to treat nausea, glaucoma and movement disorders. It is also frequently used to aid cancer patients during their treatment and for those suffering from HIV as an appetite stimulant. Additionally, recent research shows that marijuana is neuroprotective, and can possibly defend the body against certain malignant tumors.
There are over 60 U.S. and international health organizations supporting a patient’s ability to legally access medicinal marijuana under a physician’s supervision. Fifteen states and D.C. have already passed legislation legalizing medicinal marijuana.
Back to top
How to Avoid a Conviction of Marijuana Charges
Your Tallahassee marijuana defense attorney may be able to assist you in finding an error committed by an officer that can result in your charge being dropped or reduced or other defenses to your marijuana charge. Your attorney will help you determine your best option for a defense or plea deal based on the facts of your case, past criminal history and any other mitigating circumstances.
- Motion to Dismiss - This motion can be filed by your attorney if there is not enough evidence to charge you specifically with a marijuana law violation.
For example, if you are charged with possession of marijuana, but were not in actual or constructive possession of marijuana, then your attorney may be able to file a motion to dismiss. Actual possession means the marijuana was actually on your body or person. Constructive possession involves knowing of the presence of marijuana, that it is an illicit drug, and having control or dominion over the marijuana. If an officer cannot show you had actual or constructive possession, then your attorney can file a motion to dismiss because there is not enough evidence for the charge.
- Motion to Suppress - This can be filed by your attorney to prevent the prosecution from using evidence found as a result of an illegal search and seizure.
If a search of your home, car or person was illegally conducted by the police, any marijuana found from the search is inadmissible as evidence. A motion to suppress would preclude the prosecution from using this evidence in a case against you.
Back to top
Marijuana Resources
The National Organization for the Reform of Marijuana Laws - NORML is a national, non-profit organization dedicated to reforming marijuana laws and decriminalizing the responsible adult use of marijuana.
Rachel Hoffman - A Drug War Tragedy - Article written by Paul Armentano, published by Cannabis Culture issue # 72 in Fall 2008. On May 7, 2008, 23-year-old Florida State University student, Rachel Hoffman, was killed in a botched police sting operation while working as a confidential informant for the Tallahassee Police Department. Rachel was busted for marijuana possession, threatened into becoming a police informant, then murdered during a bungled drug sting. After being threatened with jail time for pot and agreeing to work for authorities, police officers gave Rachel $13,000 in marked bills and arranged a buy of cocaine, ecstasy and a hand gun. She was killed with the weapon she was supposed to buy and robbed of the police money.
Students for Sensible Drug Policy - SSDP is an international student organization dedicated to improving policies regarding drugs and minimizing the negative impact of drugs and the War on Drugs on students and youth.
Florida State University Chapter
SSDP - FSU Chapter Facebook Group
Florida State University
600 W. College Avenue
Tallahassee, FL 32306
Law Enforcement Against Prohibition - LEAP is made up of current and former members of the law enforcement and criminal justice communities who are speaking out about the failures of existing drug policies in the United States.
LEAP Events - Florida - Current schedule of LEAP events throughout the state of Florida.
Marijuana Policy Project - The MPP Foundation is a non-profit organization focused on gaining public support for non-punitive, non-coercive marijuana policies. The MPP works to reform state laws to reduce or eliminate penalties for medical and non-medical use of marijuana by responsible adults.
MPP - Florida Page - The Marijuana Policy Project's webpage about the state of Florida's unjust marijuana laws and policies.
Our Marijuana Laws Destroy Lives: The Rachel Hoffman Tragedy - MPP video on YouTube about the Rachel Hoffman story.
People United for Medical Marijuana - Florida - PUFMM is a policital committee based in the state of Florida dedicated to execute a ballot initiative allowing patients access to medical marijuana.
Florida Department of Law Enforcement - A Florida governmental agency that promotes public safety by preventing, investigating and solving crimes. The Department is located at:
2331 Phillips Road
Tallahassee, Florida 32308
(850) 410-7640
Drug Enforcement Administration - The DEA is a national government agency seeking to enforce the United State’s laws and regulations regarding controlled substances.
Federal Marijuana Penalties - The Drug Enforcement Administration’s page about federal penalties for possessing, trafficking and distributing marijuana.
Office of National Drug Control Policy - This national government office’s goal is to establish policies, priorities and objectives of the Nation’s anti-drug efforts and programs.
Back to top
The Law Offices of Don Pumphrey, Jr. | Tallahassee Marijuana Lawyer
If you have been charged with a marijuana offense in Leon County, Tallahassee, contact Don Pumphrey, Jr., of the Law Offices of Don Pumphrey, Jr. to discuss the facts of your particular case. There may be ways to lessen your charge or have it completely dismissed, and finding an experienced Tallahassee defense attorney who is familiar with Florida marijuana laws is your best option to avoid harsh punishments. Lawyer Don Pumphrey, Jr. will aggressively fight the marijuana charges brought against you. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged marijuana charge.