Many states are seeing a growth in the number of citizens who would like to see cannabis (marijuana)made available as a prescription treatment for certain chronic conditions. These can include cancer, glaucoma, and certain types of chronic pain. Nationwide, there is a small percentage of people actively seeking legalization of this drug completely. While some states have begun to allow the use of medical marijuana under tightly controlled conditions, Florida is not one of them. Therefore, anyone considering taking this drug into or growing it in that state should know how cannabis laws in Florida are defined.
There are different levels of criminal charges associated with possession, delivery, sale, and cultivation of cannabis in Florida. What level the charges will be depends on the amount of the drug involved. For example, possession of or delivery of twenty grams or less is considered a misdemeanor and is punishable by up to one year in jail and/or one thousand dollars in fines. Possessing paraphernalia carries the same penalties and can be charged in addition to the charges pertaining to the pot.
Delivering over twenty grams, even without compensation, or selling any amount up to twenty five pounds can land one in prison for up to five years and a fine for up to five thousand dollars. Possession of between twenty grams and twenty five pounds (plants) carries the same penalties. Both are considered felonies.
Being in possession of twenty five or more pounds (plants) can mean a ticket to prison for up to fifteen years and ten thousand dollars in fines. This is also the penalty for growing or selling any quantity of the drug near schools, daycare centers, parks, or other places where children are likely to be congregated. Most judges dispense the maximum sentence for this latter crime.
If one is caught growing or selling more than twenty five pounds of pot, he/she will be charged with drug trafficking. If found guilty, there will be a minimum mandatory jail sentence as well as fines. Judges are forced to dispense not less than these minimum sentences. What those minimums are depends on the amount of drug in question.
Twenty five pounds (plants) up to one ton (2000 plants) requires not less than three years in prison and twenty five thousand dollars in fines. Between one and five tons (2000 to 10000 plants) the minimum is seven years in prison and fifty thousand dollars in fines. The minimum sentence for any amount over this is fifteen years and two hundred thousand dollars in fines.
Regardless of the level of crime of which one is convicted, felony or misdemeanor, any conviction means that his/her driver’s license will be suspended for a minimum of six months up to a maximum of two years.
While medical marijuana has become legal in some states, Florida continues to deem this a strictly illegal substance. Knowing and understanding how cannabis laws in Florida are defined can help save one some time and money. Traffickers in this drug face mandatory minimum sentencing that ties a judge’s hands, even if one helps the authorities in the long run. Jason@TrafficTicketTeam.com, www.TrafficTicketTeam.com, 954-967-9888Jason Diamond, Esq. is the Founding Lawyer Partner of the Traffic Ticket Team. His Attorneys have over 50 years of combined experience and have handled over 1,000,000 Florida traffic tickets. As Traffic Ticket Lawyers we have given traffic ticket legal clinic seminars throughout Florida. To find Attorney locations, click HERE. Our traffic tickets are defended in Miami-Dade, Broward & Palm Beach counties and we also fight traffic tickets statewide.