Disclaimer: Our job is to help people, not get other people in trouble. We do not defend confidential informants or snitches. If that is your plan, call someone else.
In Crestview and throughout Florida, marijuana laws are changing rapidly. Personal use is still illegal under Florida law, but we now have a medical use exemption that allows someone to possess marijuana if its prescribed by a doctor.
My name is Tim Flaherty. My partner’s name is Brandy Merrifield. We defend clients accused of marijuana possession in Crestview. We are lifetime members of NORML, an organization dedicated to the legalization of marijuana. We strongly believe in this principle.
Brandy and I work together as a team. We have the experience and knowledge of local procedure necessary to get the right result for you. Call the Crestview marijuana possession lawyers of Flaherty & Merrifield at (850) 398-8098 and let us help you.
How will Flaherty & Merrifield defend me if I am charged with Marijuana Possession in Crestview?
In order to get the best possible result, your defense team needs defend you on two fronts: (1) a legal defense that seeks to get your case dismissed, and (2) a mitigation defense that shows the court how you are as a person and not just a case number.
Brandy and I are ready to sit down and talk with you about your case, and how we can customize a defense for you that gets the best possible result.
Here is a little more information about Legal and Mitigation defenses:
Legal Defenses to marijuana possession cases in Crestview
The two most common legal defenses are a Motion to Suppress and a Motion to Dismiss.
If we can make an argument that the police violated your constitutional rights, we will file a motion to suppress. If the Judge agrees, the evidence is thrown out and cannot be used against you. If the State’s evidence is thrown out, they usually have no choice but to dismiss the case.
If we can make an argument that the police lacked sufficient evidence to arrest you in the first place, that will usually lead to a motion to dismiss being filed. In a marijuana possession case, this normally comes up in constructive possession cases. Constructive possession happens when two or more people are sharing the same space and drugs are found in an area all of the people shared. Example: 4 people are in a car that gets pulled over by the police. Drugs are found under a seat or in the center console. Unless the State can prove that one of the people in the car knew the drugs were there and that they exercised dominion and control over the drugs, the case can possibly be dismissed if your attorney files a Motion to Dismiss.
Here is a little more information about the difference between Actual and Constructive Possession:
- Actual possession means the person is aware of the presence of the substance and:
- The substance is on the person, or
- The substance is in a container in the hand of or on the person, or
- The substance is so close as to be within ready reach and is under the control of the person.
Constructive possession also has three components:
- The person is aware of the presence of the substance,
- The substance is in a place over which the person has control, and
- The person has the ability to control the substance.
Mitigation Defenses for marijuana possession cases in Crestview
The court system deals with thousands of cases per year. Unfortunately, this results in cases being handled like a conveyer belt where no one really cares who the person is, what their goals are, or their plans for the future. This can lead to terrible, long-term consequences from one mistake.
That is where we come in. Brandy and I work very hard to humanize our clients. Our goal is to force the prosecutor and the judge to see our clients as people and not just a case number. In order to do that, we will ask you to provide us information about your background. Common examples include character references, report cards, military service records, and other achievements. We will also encourage you to stop using controlled substances and then get us a clean urinalysis to show the Court.
If we are successful in showing the prosecutor that you are someone worth a second chance, it is possible your case could be referred to a program called Pretrial Diversion, You can read more about Pretrial Diversion here, but in a nutshell, if you are in Pretrial Diversion and you complete all of the conditions given to you, your case will be dismissed.
If your case gets dismissed, and you don’t have any prior convictions on your record, you might also be eligible for a record expungment. A record expungment removes your arrest from the public record. For more information about record expungments, click here.
Is it a misdemeanor or a felony to possess marijuana in Crestview?
Unless you have a medical use exemption, Florida law still holds that it is illegal to possess ANY amount of marijuana. The type of marijuana, and the amount possessed, dictate whether marijuana possession in Crestview will be charged as a misdemeanor or a felony.
Possession of Cannabis Flower in Crestview
This is smokable marijuana, also known as bud. Possession of less than 20 grams of flower is a misdemeanor. Possession of 20 grams or more of flower is a felony.
Possession of THC Concentrate (Vape Oil)
It is a huge shock to most people that possession of vape oil or a vape cartridge with residue is a felony. The amount doesn’t matter. Here is one area where your attorney can make a huge difference in the outcome of your case. In a lot of these cases, we are able to get the prosecutor to reduce the charge to a misdemeanor. This relieves a lot of our client’s stress and allows us to focus on securing pretrial diversion or other results that protect our client’s record.
What penalty am I facing for marijuana possession in Crestview?
As stated earlier on this page, marijuana possession can either be charged as a misdemeanor or a felony. Here are some common sanctions for marijuana possession:
Possession of Less Than 20 grams (misdemeanor possession)
- Up to 12 months in jail or probation
- $1,000 fine
- 6 month D.L. suspension
- Substance abuse evaluation and any recommended treatment
- Community service
Possession of 20 grams or more of flower, or possession of THC oil (felony possession)
- 5 years in prison or probation
- $5000.00 fine
- 6 month D.L. suspension
- Substance abuse evaluation and any recommended treatment
- Community service
What is the penalty for growing marijuana in Crestview?
Regardless of whether someone has a medical use exemption, is still remains illegal to grow or manufacture any controlled substance, including marijuana. It is illegal to rent out your property to be used to grow or manufacture cannabis or any controlled substance.
If you are convicted of manufacturing or growing marijuana, you face up to 5 years in prison and a permanent felony conviction on your record. The penalty increases to 15 years in prison if the police find more than 25 cannabis plants. If there were minor children present on the scene of the grow operation, the potential penalty is increased to 30 years in prison.
Flaherty & Merrifield is a Team Focused on Results
We hope the information on this page has been helpful. As you can see, we will defend you on multiple fronts. Our goal will be to secure a dismissal reduced charge. We will explore every option and we will never just accept the first offer.
We build our reputation every day defending our clients the way we would want our loved ones to be defended if they were in your situation.
Call the drug crimes lawyers Flaherty & Merrifield and see what makes us different.
If you have been charged with possessing or growing marijuana in Crestview, call Brandy or Tim at Flaherty & Merrifield at (850) 398-8098 and let us help you.
Contact a Crestview Marijuana Possession Attorney
If you or a loved one have been charged with marijuana possession in Crestview, call Flaherty & Merrifield today at (850) 398-8098 for a free consultation.
