Marijuana Charges
St. Petersburg Marijuana Attorney
The Morris Law Firm can help and has specific knowledge and experience in Drug crimes defense. Attorney Melinda Morris received special training on prosecuting Drug Offenses cases from the State of Florida. For a St. Petersburg Drug lawyer, this inside knowledge is of critical importance and can benefit the defense of your case. Drug Offenses consequences can be far reaching, including but not limited to: negatively affecting your employment, military, or academic status; prohibiting you from attending your child’s school or recreational activities; ineligibility to have your record sealed; and if convicted a mandatory two (2) year Driver’s License suspension.
Defending Marijuana Cases
Possession of marijuana, pot, weed, or cannabis have certain defenses that may be declared to motion to defeat unlawfully obtained evidence or motions to dismiss charges where the evidence is insufficient. Contact us today; we will aggressively represent your case. Call us at (727) 388-4736 or provide your case details in our online form and we will contact you to discuss your possible defenses.
Possible defenses that can lead to a “motion to suppress evidence” or “motion to dismiss charges”:
- Your rights were violated in the performance of a search warrant;
- Law Enforcement did not have legal cause to stop your vehicle, conduct a pat down of your person, or perform a search of your vehicle or residence;
- Your rights were violated in the performance of an arrest warrant, and removal of evidence as a result of that arrest warrant;
- Lack of evidence that you were in constructive possession, or possibility that the marijuana belonged to someone else;
- Law Enforcement did not have probable cause to arrest you for the offense of possession with intent to sell or distribute marijuana;
- Marijuana or cannabis was not within plain view or easy reach; or
- Entrapment by the police through the use of an undercover officer or a confidential informant.
Some of the Consequences for a Marijuana Conviction include:
- A potential three-year ban on public housing for any misdemeanor or felony conviction;
- A lifetime ban on the right to possess a firearm under Florida Statute Section 790.23 for any felony conviction.
- Ineligibility for State financial aid;
- Ineligibility for public employment without registering in a drug treatment program for any conviction;
- Ineligibility for certain permits, state licenses, or certifications without registering in a drug treatment program for any felony conviction; and
- A five-year ban on the eiligibility to adopt a child or become a foster parent.
Possession of Marijuana
Potential Penalties
- Possession of Marijuana (more than 20 grams)
- Possession of more than 20 grams of marijuana is a 3rd degree felony.
- A 3rd degree felony has a maximum penalty of 5 year in jail and a $5000 fine.
Potential Sentencing
Less than 20 grams
- 1st degree misdemeanor
- Up to 1 year in jail and $1,000 in fines
More than 20 grams
- 4th degree felony
- Up to 5 years in prison and $5,000 in fines
25 or more plants
- 3rd degree felony
- Up to 15 years in prison and $10,000 in fines
Back To Top
Marijuana Cultivation
Proprietor of Cannabis Grow House
Subsection (1) makes it a 3rd degree felony; punishable by 5 years in Florida State Prison to own, lease or rent any grow house or other place with knowledge that the place will be used for one of the following purposes:
- Trafficking in Cannabis as provided in section 893.135;
- For the Sale of marijuana, as provided in Section 893.13;
- For the manufacture of cannabis intended for sale or distribution to another (presumed if 25 or more cannabis plants).
Dweller of Marijuana Growing House
Subsection (2) makes it a 2nd degree felony; punishable by 15 years in Florida State Prison, to knowingly be in actual or constructive possession of any grow house or other place with the knowledge that the place will be used for any of the following purposes:
- Trafficking in marijuana, as provided in s. 893.135;
- For the sale of marijuana, as provided in s. 893.13; or
- For the manufacturing / cultivation of cannabis intended for sale or distribution to another (presumped if 25 or more marijuana plants).
Resident of Marijuana Grow House when Minor Child is Present
Subsection (3) makes it a first degree felony; punishable by 30 years in Florida State Prison for any person who is in actual or constructive possession of a grow house or other place with the knowledge of the following:
- That the place is being used to produce marijuana intended for sale or distribution to another presumed if 25 or more cannabis plants are present; and
- Who knew or should have known that a juvenile is present or resides in resident.
Back To Top
Marijuana Trafficking
Marijuana volumes are counted by weight or by the quantity of cannabis plants. Marijuana Trafficking laws punish the acts peddling, transporting, and illegal importing in or into the US of marijuana. State and federal marijuana trafficking/distribution laws and penalties vary according to volume, area of distribution, and juvenile targeting. Marijuana trafficking/distribution laws can incriminate an individual or a wide-ranging group involved in organized illegal distribution.
25 to 2,000 pounds or 300 or more cannabis plants
- 3 Years in Prison
- $25,000 fine
2,000 pounds but less than 10,000 pounds or is 2,000 or more cannabis plants
- 7 Years in Prison
- $50,000 fine
10,000 pounds or more or is 10,000 or more cannabis plants
- 15 Years in Prison
- $200,000 fine
Back To Top
About Marijuana
Cannabis, commonly referred to as marijuana, marihuana, and ganja refers to any given amount measuring from of the Cannabis plant with the intention for a procedural use of the psychoactive drug. Cannabis use as a drug is the dried herbal form is the most common method of use. Cannabis, Cannabis Indica, and Cannabis Sativa in a typical herbal form contains the flowers and subtending leaves and stalks of mature pistillate of feminine plants. The resinous, sticky formulation of the drug is known as hash or hashish.
The psychoactive substance composite in cannabis is Δ9-tetrahydrocannabinol also known as THC. There are more than 66 additional cannabinoids also existent in cannabis. Other cannabinoids includes tetrahydrocannabivarin (THCV), cannabinol (CBN), and cannabidiol (CBD) among many others, which are assumed to produce different effects than THC. The modern day drug has been used for recreational, religious or spiritual, and medicinal purposes. Possession, use, or trade of cannabis measures containing psychoactive cannabinoids came to be illegal in various areas of the world in the 20th century.
Marijuana is the third most popular recreational drug in America (behind only alcohol and tobacco), and has been used by nearly 100 million Americans.
Marijuana Medical Use
Marijuana, or cannabis, has been part of humankind's medicine for almost as long as history has been recorded. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, particularly pain relief from nerve damage. The drug is also a known treatment of nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant, specifically for patients suffering from HIV, the AIDS wasting syndrome, or dementia. Developing research advocates that marijuana's medicinal assets are neuroprotective and may defend the body against some types of malignant tumors.
Currently, more than 60 U.S. and international health organizations support granting patients’ immediate legal access to medicinal marijuana under a physician's supervision.
Back To Top
Marijuana Wikipedia
Wikipedia provides more information on Marijuana including cultivation, growing, legalization and medical uses.
National Institue on Drug Abuse - Marijuana Facts
NIDA's is involved with strategic support and conduct of research across a broad range of disciplines and ensuring the rapid and effective dissemination and use of the results of that research to significantly improve prevention, treatment and policy as it relates to drug abuse and addiction.
National Organization for the Reform of Marijuana Laws
NORML supports the development of a legally controlled market for marijuana, where consumers could purchase it from a safe, legal and regulated source.
Office of National Drug Control Policy
ONDCP is to establish policies, priorities, and objectives for the Nation's drug control program. The goals of the program are to reduce illicit drug use, manufacturing, and trafficking, drug-related crime and violence, and drug-related health consequences.
Back To Top
Contact Us Today
Morris Law Firm represents clients as theDrug Crime attorney / Drug Offense lawyer throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Polk). Drug Offenses such as Possession of Marijuana charges are very severe and may seriously affect your reputation.
If you are facing a drug crime charge related to Possession of Marijuana, you need an attorney. Contact Clearwater’s Drug Crime attorney for more information about your case throughout the Tampa Bay area including Tampa, St. Petersburg, Bartow, New Port Richey, Dade City, Plant City, including the counties of Hillsborough, Polk, Pasco, and Pinellas or the surrounding areas. Contact Attorney Melinda Morris to get assistance with your legal needs.
Back To Top
Contributor: Melinda Morris