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Possession of less then 20 grams of marijuana constitutes a 1st degree misdemeanor in the State of Florida.
POSSESSION OF DRUG PARAPHERNALIA
Possession of Drug Paraphernalia also constitutes a 1st degree misdemeanor in the State of Florida. Paraphernalia includes obvious items such as bongs, pipes, and bowls. However, overreaching drug enforcement laws include otherwise innocent items such as baggies, lighters, and rolling papers as potential paraphernalia. If a person is found with a joint, many police officers will charge Possession of Marijuana for the substance within the joint and Possession of Paraphernlia for the rolling paper used to wrap the joint.
A 1st degree misdemeanor is punsihable by up to 364 days in county jail.
DRIVER'S LICENSE SUSPENSION
If you are adjudicated guilty of possession of marijuana, misdemeanor or felony, in the State of Florida, the DMV will suspend your Driver's License for 2 years. Ironically, this penalty is much more sever then the penalty for 1st and some 2nd time DUI offenders.
DOES RESIDUE CONSTSITUE POSSESSION OF MARIJUANA?
Florida law allows the police and government to charge a person for possession of marijuana even in the event that only residue is discovered. Charging practices vary from county to county.
ARRESTED FOR POSSESSION: WHAT ARE MY OPTIONS?
1. Motion to Dismiss or Motion to Suppress:
a. Is yours a case of Actual or Constructive Possession?
b. Did the police have the right to “stop” you in the first place?
c. Did the police have the right to search you?
d. Did you make any statements to the police?
2. Diversion program:
a. Offered to first time offenders – misdemeanor or felony;
b. Voluntary probation;
c. Community service, random urine screens, drug evaluation and recommended treatment;
d. Successful completion typically results in the State dropping the charges.
a. Misdemeanor = 6-12 months. Typically includes random urine screens and drug rehabilitation if deemed necessary.
b. Felony = varies. Probation usually starts at 18 months with the possibility of early termination.
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