Proven Criminal and DUI Defense
I don’t care what you’re accused of doing. You are a human being and you deserve to have someone in your corner who will fight for you. I will not judge you; I’ll defend you. - Tim Flaherty

If you’ve been charged with a crime, call (850) 243-6097 to get a FREE consultation.

Florida Statute 893.13: Possession of Marijuana (less than 20 grams)

Summary

Marijuana is becoming more and more commonplace in the United States, but possession without a prescription can still get you arrested. Under Florida Statute 893.13, Possession of 20 grams or less of cannabis is classified as a 1st degree misdemeanor. Possession is defined in two ways: Actual and Constructive.

  • Actual Possession: the cannabis is on the person of the accused.
  • Constructive Possession: the cannabis is not physically on the person, but is in a place where the defendant has control over it/has concealed it.

Elements

Proving the possession of cannabis in amounts less than 20 grams requires that:

  • The defendant possessed the cannabis (actual or constructive);
  • The amount of cannabis was under 20 grams; and
  • The defendant had knowledge of the cannabis’ presence.

Example

Just after purchasing 15 grams of marijuana from someone, Rick gets pulled over for speeding. Upon approaching the car, the police officer notices the smell of cannabis coming from the car. The police officer searches the car and finds a bag of marijuana. After determining that the contents of the bag are less than 20 grams, Rick is charged with possession of marijuana under 20 grams.

Maximum Penalty

Possession of less than 20 grams is classified as a 1st degree misdemeanor, and will include penalties of up to one year in jail or on probation, along with a $1,000 fine. Conviction of possession also results in a one-year license suspension, random drug testing, and all the fees incurred to carry out the terms of the sentence.

FACDL Logo
Lead Counsel Logo
America Top 100 Criminal Defense Attorneys
NACDL Logo
NACDL Logo
BV 2019 Logo
Criminal Defense Top 10 Law firms Logo
10.0Tim Michael Flaherty

Call (850) 243-6097 for your free consultation.