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. The legal purchasing limit for medical cannabis is 2.5 ounces every 35 days with a possession limit of 4 ounces at any time. If a law enforcement officer learns that you are in possession of more than 20 grams (i.e. 3/4 oz) of cannabis, they will not only assume it is not meant for personal use, they may also believe you are selling. Although general attitudes about cannabis are changing, it is still categorized as a Schedule I controlled substance, the same as Heroin, under Florida law. Lastly, don't think that just because you bought it in another state where cannabis has been legalized you can bring it into Florida, that's still a crime.

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If you have over 20 grams, then you will not be given a Notice to Appear, you will be arrested. The possession of more than 20 grams of cannabis is a third degree felony, punishable by up to a $5,000 fine as well as up to 5 years probation or prison. 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.

 

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

 

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