Possessing 20 or More Grams of Marijuana
Many people use marijuana recreationally the same way some might enjoy a cigarette, liquor, or another substance to relax and unwind. Scientific studies have not revealed marijuana to be as dangerous as heroin; yet, state and federal laws have failed to catch up with the science. Therefore, marijuana users without a prescription may be subject to harsh treatment by law enforcement and the Florida courts.
With the recent legalization of marijuana for medicinal purposes in Florida, laws surrounding marijuana use are in flux. It may be permissible for medical patients to use the drug; however, possessing marijuana without authorization remains a serious offense. Marijuana is still federally classified as a Schedule I controlled substance despite much scientific evidence to the contrary that it qualifies as such. It is an oddball in the Schedule I category in that it poses very little risk of addiction and in fact can be used for medicinal purposes. In addition, carrying a small amount of it qualifies as a misdemeanor crime. It takes a threshold of over 20 grams of marijuana to face felony charges.
West Palm Beach Felony Marijuana Defense Attorney
If you are facing felony marijuana charges for carrying even a fraction of a percentage more than 20 grams, it is time to speak with an experienced marijuana attorney in Palm Beach County. The consequences of felony crimes are harsh. A conviction could lead to losing the vision of the future you had for yourself and a criminal record that will follow you everywhere. You may spend time behind bars and steep fines.
For more than 30 years, The Law Office of Gabriel & Gabriel has protected the rights of individuals facing criminal charges throughout South Florida. Attorney Brian P. Gabriel holds a gleaming reputation in Palm Beach County among state prosecutors, judges, and other legal professionals. He has vast experience handling felony marijuana cases and can develop a strong defense for you.
Felony Marijuana Charges in West Palm Beach
Florida Statute §893.13 prevents individuals from possessing controlled substances without proper authorization. Cannabis is the scientific name for marijuana, which is also known colloquially as “pot” or “weed.” To be convicted of possession of more than 20 grams, the prosecution must show that you were knowingly in actual or constructive possession of the plant. Actual possession means it was found right on your person. An example of constructive possession is when the drug is found in a location that you alone have access to, such as your house or the trunk of your car.
Possession of twenty or more grams of marijuana is a third-degree felony offense in the state of Florida. This means if you are convicted you could face up to 5 years of incarceration in a Florida state prison and a fine of up to $5,000. Administrative charges may include the suspension of your driver’s license for a period of 2 years. If Florida police officers find more than 25 pounds of marijuana in your possession, you could face federal trafficking charges, which carry mandatory minimum sentences. Mandatory minimum sentences force judges to hand down a minimum prison sentence without considering mitigating factors. A mandatory minimum sentence could keep you in prison for years without the ability to appeal for parole. It is imperative that you consult with a tenacious attorney about this precarious situation.
Protect Your Rights in a Marijuana Possession Case
Don’t face felony marijuana charges alone. Felony charges could lead to severe repercussions from which it may be extremely difficult to recover. Investing in competent legal counsel could mean the difference between a conviction and preserving your freedom.
Florida judges are bound to treat drug offenses harshly, even if the alleged crime was a nonviolent one. As a member of the Florida Trial Lawyers Top 100 Trial Lawyers, Brian Gabriel can bring valuable insight to your case. Receive a free consultation when you call our firm at 561-622-5575 or complete our online contact form.