Possession of Marijuana More Than 20 Grams

It is illegal to possess any amount of cannabis without a prescription. If used recreationally, the act is considered an illegal offense. Florida law states that cannabis is a Schedule I controlled substance. A person who possesses less than 20 grams of cannabis will face misdemeanor charges. However, if you have more than 20 grams in possession, you may face felony charges.

The penalties for marijuana possession exceeding 20 grams are severe. Conviction may mean paying a large fine, probation, and even possible prison time. All of these legal consequences can be life altering. If you or someone you know has been charged with marijuana possession, it is important that you seek an experienced defense attorney.

Attorney for More than 20 Grams of Cannabis in Pensacola, Florida

Were you recently arrested in the Florida panhandle area for allegedly possessing a felony amount of cannabis? Exercise your right to remain silent with the authorities. Contact the practiced criminal defense attorney, John Terrezza, at Terrezza Law, and start your plan of defense today.

John Terrezza is a skilled attorney who aggressively defends clients accused of marijuana crimes throughout Escambia County. He is passionate about his clients and works tirelessly to obtain the best possible results for your case. Additionally, he is familiar within Florida criminal courts. John Terrezza will exhaust all possible resources to provide you with every legal option available for your case.

Terrezza Law defends clients accused of marijuana related crimes in the First Judicial Circuit of Florida including Milton, Gulf Breeze, Navarre in Santa Rosa County, and Pensacola in Escambia County.

Stay ahead of the prosecution. Call Terrezza Law at (850) 764-5291 to speak to John Terrezza, an experienced criminal defense attorney.

Overview for Marijuana Possession Exceeding 20 Grams in FL

Penalties for Possessing More than 20 Grams of Weed in Florida

Florida Statute § 893.13 states if a person is in constructive or actual possession of marijuana, he or she is committing an illegal offense. The penalties regarding marijuana possession are highly dependent on the amount possessed. A person possessing more than 20 grams of cannabis will face a third degree felony.

The penalties for a third degree felony in Florida include:

Maximum prison sentence of five years;
Possible probation up to five years;
Possible fine of up to $5,000.

Other ramifications include a driver's license suspension for up to 1 year according to Florida Statute § 322.055.

Florida Definitions of Constructive &. Actual Possession

Florida law regards possession under two types, actual and constructive. Actual possession of a controlled substance refers to the drug being within "ready reach." This means that the drug is on your person in some way, in your hand, pocket, purse, or wallet.

Constructive possession of a controlled substance is a little more complicated. Constructive possession means that the person may not have actual physical control of the controlled substance but that they:

Have knowledge of the presence of cannabis;
Has dominion or control over the cannabis.

What this means in simple terms is you do not have to have marijuana on you to be charged with possession. Prosecutors may charge you with possession if the drugs are found within your vicinity.

Possible Defenses for Felony Level Possession of Marijuana in Florida

A marijuana possession conviction can have some daunting penalties. However, if you are equipped with the defense of a knowledgeable attorney you can combat these charges.

Some defenses in felony cannabis possession cases can include, but are not limited to:

Medical Necessity – Florida courts have recognized the use of medical necessity defense in extremely rare cannabis possession cases. An attorney may be able to use necessity as a defense if he or she is able to prove that they were in medical danger or emergency created a "real, imminent, and impending" harm that threatened the alleged offender's health.
Illegal Search and Seizure – If law enforcement discovered the marijuana after an illegal search of the alleged offender's property or an illegal stop of your motor vehicle an attorney may be able to suppress the evidence.
Unknowing Possession – For a prosecutor to convict the alleged offender, they must prove that an alleged offender knew of the presence of the marijuana. If the alleged offender was unaware that a third-party left or was storing marijuana on their property or in their motor vehicle, an attorney can invoke the affirmative defense of unwitting possession.
Prescription – In the state of Florida, medical marijuana is legal for a patient if ordered by a qualified physician. A doctor can only prescribe medical marijuana for certain conditions such as HIV or cancer, and other of the same kind or class comparable to those listed on the Florida Department of Health. If a person is an active member of Florida's Medical Marijuana Program, it may be a complete defense for him or her to have cannabis within their possession as long as it is in an acceptable form.

Penalties for THC Concentrates under Florida Law

In Florida, possession of plant-based cannabis substance under 20 grams is a misdemeanor. However, for marijuana concentrates this is not the case. According to § 893.13, THC concentrates are excluded from the definition of cannabis. This is because THC concentrates are considered to be resin extracted from the plants of the genus Cannabis. Meaning THC concentrates and cannabis are two different substances under Florida law.

An individual caught with BHO (butane hash oil), concentrated THC oil, hash, wax, etc. may be charged with a third-degree felony. If he or she is charged with possession of a THC concentrate they may face fines up to $5,000 and a maximum of five years in prison.

Drug Court in Escambia County, FL

Drug court can be an alternative for those accused of possessing marijuana. Treatment-based drug court provides programs and care to those who are struggling with addiction. A drug diversion program can require up to 18 months of supervision, community service, treatment, and drug screenings.

To qualify for drug court, a drug offender must be:

A first time offender or any person previously;
Who is charged with a misdemeanor or non-violent felony;
Defendant’s Criminal Punishment Code scoresheet totals 60 or fewer sentence points;
Who voluntarily agrees to the program; and
Is approved by the State Attorney and the defendant.

The U.S. Department of Justice Office of Justice Programs outlines 10 key components to drug court:

Drug Courts integrate alcohol and other drug treatment services with justice system case processing.
Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights.
Eligible participants are identified early and promptly placed in the drug court program.
Drug Courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.
Abstinence is monitored by frequent alcohol and other drug testing.
A coordinated strategy governs drug court response to participant's compliance.
Ongoing judicial interaction with each drug court participant is essential.
Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.
Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations.
Forging partnerships among drug courts, public agencies and community-based organizations generates local support and enhances drug court effectiveness.

The purpose of drug court is to allow eligible offenders to avoid incarceration. If all components are successfully completed, the alleged offender may have their charges reduced or even dismissed.

Additional Resources

Florida Statutes Marijuana Laws– Visit the Florida Legislation website and read the statutory language surrounding controlled substance possession. See what drugs are considered controlled substances, what determines an offense to be a felony, and the penalties for each conviction.

Florida Office of Medical Marijuana – Visit the official website for the Florida Department of Health. Find more information for the Office of Medical marijuana Use. Learn more about the medical marijuana registry, the medical marijuana treatment centers, and the rules and regulations of medical marijuana usage.

Lawyer for Possessing More than 20 Grams of Marijuana in Pensacola, FL

Marijuana possession charges can follow a person throughout their professional and personal life. It is important to stay prepared for what the State will do next. If you are charged with possessing more than 20 grams of marijuana, then it is vital that you contact a skilled defense attorney at Terrezza Law.

John Terrezza is practiced in handling drug possession charges throughout Escambia County and Santa Rosa County. He is dedicated to criminal law and compassionate to his client's situations. John Terrezza can file motions, suppress evidence, and explore legal options with you. Additionally, he will work with you every step of the way throughout the case.

In addition, John Terrezza is active in the legal community. He serves as the 2018 President for the Society of the Criminal Defense Bar-Pensacola Chapter of the Florida Association of Criminal Defense Lawyers. He is also proudly a part of the Legal Committee of the National Organization for the Reform of Marijuana Laws (NORML).

Terrezza Law accepts clients throughout the Escambia County and Santa Rosa County area including surrounding communities such as Pensacola Beach, Pensacola, Milton, Gulf Breeze, and Navarre.

Dial (850) 764-5291 or submit an online contact form to speak to John Terrezza concerning your case today.

This article was last updated on September 21, 2018.