The possession of cannabis in the State of Florida is still illegal in any amount both under State and Federal law. Florida, like many other states, has made it legal to obtain cannabis for medical purposes only with a prescription. But without a medical card and prescription, anyone is subject to arrest as they have been in the past. There is no minimum amount and sometimes arrests will take place for a "roach" or "shake." Certain law enforcement agencies have a policy that permits them to issue a Notice to Appear as an alternative to arrest, but do not be fooled, getting what looks like a ticket is a criminal charge that can subject you to the same penalties if convicted in the end. If you miss a Notice to Appear court date, then a warrant will be issued for your arrest and you may be held at no bond.

 

The possession of less than 20 grams of cannabis is a first degree misdemeanor, punishable by up to a $1,000 fine as well as up to 1 year probation or jail. In addition, if you are adjudicated guilty then the HSMV/DMV will suspend your driver's license for 1 year. Especially with drug crimes, there are many circumstances where law enforcement officers do not follow the law on the search and seizure, and sometime the evidence can be excluded. However, the smell of cannabis still constitutes probable cause for police officers to search you or your vehicle. Possession can be actual, constructive or joint.

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Learn more about defending against drug charges in Florida as Orlando's drug crime attorney.

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Call (407) 274-7501 or email seth@sethhymanlaw.com to schedule a consultation today!