Felony Marijuana Possession Lawyer in Miami

Possession in these cases may be actual or constructive. Actual possession is when an alleged offender has marijuana in his or her hands, on his or her person, in a container in his or her possession, or the cannabis is so close as to be within ready reach and under his or her control. Constructive possession involves the alleged offender being aware of the presence of marijuana that is in a place over which he or she has control.

The statutory maximums of a sentence for a third degree felony include:

• Up to 5 years in prison
• Fine of up to $5,000
• 1-year revocation of driver’s license

It is important to note that felony possession of marijuana becomes the crime of drug trafficking when an alleged offender possesses more than 25 pounds of cannabis.

Defending against the Charges

An arrest for marijuana possession is not the same as a conviction. The prosecutor still needs to prove an alleged offender’s guilt beyond a reasonable doubt, and there may be several defenses that a lawyer can raise.

Some common defenses in felony cannabis possession cases can include:

• Illegal Search and Seizure — The Fourth Amendment of the United States Constitution provides the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. If law enforcement discovered marijuana after an illegal stop of your motor vehicle or an illegal search of your property, the evidence may be suppressed and the criminal charges will typically be dismissed.

• Unknowing Possession — The Florida Standard Jury Instructions for possession of a controlled substance offenses require the State to prove that an alleged offender knew of the presence of the controlled substance. If a person who was arrested for felony cannabis possession did not know that another party had left or was storing marijuana in the alleged offender’s motor vehicle or other property, the alleged offender may be able to invoke the affirmative defense of unwitting possession.
• Medical Necessity — While Florida has enacted certain medical marijuana laws, the acts have been largely limited. Some Florida courts have recognized use of the medical necessity defense in cannabis possession cases, and an alleged offender may be able use necessity as a defense if he or she can prove that his or her medical danger or emergency created a “real, imminent, and impending” harm that threatened the alleged offender. This defense can be successful when it can be proven that the harm the alleged offender needed the cannabis to avoid outweighed the harm caused by possessing marijuana.

Now is the time to work on your defense strategy. The Hoffman Firm can help.

We’ll help you understand the legal processes and your options. Call us at 305-249-0090 today if you are in Miami. Call 954-524-4474 if you are in Broward County.