Fleming Island Marijuana Possession Lawyer

While many states have relaxed their laws about the recreational use of marijuana, Florida is not one of them. The Sunshine State still criminalizes any recreational use of the drug, and possessing larger amounts can lead to felony charges.

If you have been arrested for possessing marijuana, our dedicated drug defense attorneys are here to help. At Problems? Pick Porter!™, we could use our experience to help you fight back against these charges. Reach out to a Fleming Island marijuana possession lawyer at the Law Offices of Jason K.S. Porter, P.A., today to explore your legal options.

What Are the State Marijuana Laws?

Despite a recent push to legalize the possession of marijuana for personal use, Florida has yet to relax its prohibition on the use of the drug. There are no situations where you can possess or use marijuana for recreational purposes in the state. However, there are a few situations where possessing a small amount of pot may not lead to an arrest.

There is a legal exception for medical marijuana. To qualify, you must have a Medical Marijuana ID Card, which is only awarded to residents who have certain serious medical conditions. Alternatively, caregivers of people with these conditions are allowed to possess marijuana if they have a Medical Marijuana Caregiver Card.

Outside of these exceptions, possessing any amount of marijuana is a crime. Possessing 20 grams or less of the substance is treated as a misdemeanor, which carries a maximum jail term of one year and a fine of no more than $1,000. You are entitled to a vigorous defense in these cases, and our Fleming Island drug possession attorneys are here to advise you every step of the way.

Defenses to Possession Charges

As with any criminal charge, there are various potential defenses in a possession case. A Fleming Island marijuana possession attorney could review the facts of your case and build a strong defense based on the evidence the state intends to offer. Common strategies include the following.

Exemptions

Even if you have a Medical Marijuana Card, if the police stop you while you are in possession of the drug and you do not have your card on you, they may arrest you. The fact that you have the card is still a defense, however.

Constitutional Violations

One of the most powerful defense strategies applies in cases where the police have violated your constitutional rights. These rights protect you from illegal searches and seizures. If the state is relying on unlawfully collected evidence, our firm could file a motion with the court to have it excluded from trial. Removing this evidence could be enough to force the state to drop the charges against you.

Lack of Knowledge

A court can only convict you of possessing marijuana if you were aware of the presence of the drug. If you had no idea you were in possession of marijuana or were unaware of what you had, a lawyer could argue that you did not knowingly violate the law. The reality of this defense, however, is that jurors cannot read your mind, and prosecutors will likely argue you knew what you had on you at the time of your arrest.

Talk to a Fleming Island Attorney About Marijuana Possession Charges

If you have been arrested on pot-related charges, it is vital that you seek out legal help right away. Our firm understands what is at stake, and we will work tirelessly to help you beat these charges or get the best possible outcome.

Attempting to face the criminal justice system alone is a risk you do not need to take. Let a Fleming Island marijuana possession lawyer from our team investigate your case and build a winning defense on your behalf. Problems? Pick Porter!™