POSSESSION OF MARIJUANA
(Over 20 grams)
In Florida, Possession of More than 20 Grams of marijuana is a third-degree felony.
Florida Statute 893.13(6)(a) states:
To be considered in “possession” the accused must be able to exercise the right of ownership, management, or control over the contraband.
There are legally 2 forms of possession, “actual” and “constructive.”
“Actual” possession means the substance is actually on the defendant’s person or within “ready reach”.
“Constructive” possession means the controlled substance is not on the physical person of the accused but rather in a place over which the defendant can exercise dominion or control over.
Simply put, “constructive” possession means the contraband is in a place where more than one person has access to it.
PENALTIES
As a third-degree felony, Possession of Marijuana Over 20 Grams is punishable by:
Up to 5 years in prison; or
Up to 5 years of probation; and
$5,000.00 fine
Additional consequences include:
A 1-year driver’s license suspension;
Random drug and alcohol screens; and
Becoming a convicted felon
DEFENSES
Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:
The Marijuana does not weigh to more than 20 grams;
Illegal search;
Lack of Probable Cause;
Failure to prove “possession”;
No knowledge of the illicit nature of the substance.
