-Marijuana- Possession of Cannabis, Sale and Delivery of Cannabis- Still Serious, Still a Crime in Florida by: Heiko G. Moenckmeier, Esq.

Colorado legalized marijuana for all…  But that has no bearing on Florida, our laws, or the police here.  John Morgan is trying to get medical marijuana legalized in Florida, and that seems to be going well, but the vote is not until November, 2014, and even then, up for legal challenges and not sure how it’s going to shake out. 

Our Sunshine State is quite far behind, so don’t try to use ‘it’s medical marijuana’as a legitimate affirmative defense here in Florida!  (Also, don’t tell them how you got it here, as chances are, in fact, you violated numerous federal and state laws along the way).  Florida state law criminalizes possession of cannabis under twenty grams as a first degree misdemeanor punishable by up to a year in jail or a year on probation, or some combination of both and a $1000.00 fine, and if adjudicated, a driver’s license suspension of two years (which is your most pressing concern, and comes as a punishment to all violations of Florida Statutes 893.13 adjudications, such as Xanax, Cocaine, etc). Image

Orlando Possession of Cannabis Over 20 Grams and Orlando Sale and/or Delivery of Cannabis are each felonies of the third degree, punishable by up to five years in prison, five years on probation, and a fine of up to $5,000.00, in addition to a two year driver’s license suspension if adjudicated guilty.  But even if you are arrested for a felony, an experienced criminal defense attorney (like myself) can be very useful, and can fight the State into getting the charges dismissed or reduced.  

The important thing is THERE IS HOPE.  There are many legal issues that may be identified by an experienced criminal defense attorney that could allow the evidence to be excluded by the Court and the case could be dismissed.  Was the officer’s initial stop legal?  What was the length of time of the stop? Did he have probable cause to search? Who else was in the car? Did the officer just knock on the door of the house and say ‘I heard y’all were selling heroin, if its just personal use pot, I’ll give you a ticket and you won’t go to jail’?  Did they have a warrant? And the beat goes on and on.  There are many relevant legal issues to explore on a drug case that an experienced criminal defense attorney can identify and use to fight a person’s case.  In addition, some Florida Counties offer Pretrial Diversion, a program run by the State or County that allows a first time offender to go through a serious of ‘donations,’community service, and random drug testing, and have the case dropped.  It is important for an attorney to review your case, even if you have never been arrested, as the experienced criminal defense lawyer can analyze the legal issues and oftentimes get your case dismissed to save you time and money. 

Let me fight for YOU!  It’s too important not to.  Credit Cards and payment plans and as always, straight cash accepted.– Call Experienced Criminal Defense Attorney Heiko G. Moenckmeier, Esq. at (407) 504-1384 for your Free Consultation TODAY. 

This article is meant for entertainment and informational use only.  The decision to hire an attorney should not be based solely on advertisements.  You have the right to question an attorneys experience.  Each case has its own individual nuances that can affect the outcome of the case.

About daytonabeachduiattorney

Daytona Beach DUI attorney Kevin J. Pitts handled over 5,000 cases as a DUI prosecutor and defense attorney. Mr. Pitts has successfully completed the 16 hour breath test operator course in Seminole County giving him valuable insight into the Intoxilyzer 8000. If you are fighting a breath test you should have a Volusia County DUI lawyer that not only has been tested on the Intoxilyzer 8000 but who also knows how to operate it. The Law Offices of Kevin J. Pitts has offices in Daytona Beach and Sanford. View all posts by daytonabeachduiattorney

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