Disclaimer: We do not represent snitches. If you are working with the police, or you are thinking about doing so, call someone else. We will not help you get other people in trouble.
If you have been arrested for misdemeanor or felony possession of marijuana in Okaloosa County, you’ve got some decisions to make. Decisions that could have a big impact on your future. Hiring an experienced drug crime defense attorney could make all the difference in the outcome of your case.
My name is Tim Flaherty. I have been defending locals, vacationers, and military members charged with Marijuana possession in Okaloosa County since 2001. I am also a lifetime member of NORML. My partner’s name is Brandy Merrifield. Call our Okaloosa County marijuana possession lawyers today at (850) 243-6097 to schedule your free consultation.
Possession of Marijuana
Under Fla. Stat. 893.13(6)(a), the actual or constructive possession of marijuana is illegal without a prescription.
Possession of a marijuana may be sole or joint possession, that is, two or more persons may be aware of the presence of a substance and may jointly exercise control over it. In that case, each person can be charged with possession.
What is the Difference between Actual and Constructive Possession?
Actual possession means the person is aware of the presence of the substance and:
- The substance is in the hand of or 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 means 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.
Penalties for Marijuana Possession in Okaloosa County
The penalties will vary depending on the amount of marijuana found in your possession. If you are found with less than 20 grams, you will be charged with a 1st degree misdemeanor. If convicted of misdemeanor possession of marijuana, you could be sentenced to up to one year in jail or probation. You will also be subject to a fine up to $1,000.
If you are found with more than 20 grams of marijuana, you will be charged with a 3rd degree felony with a maximum sentence of up to 5 years in prison. While being sent to prison is unlikely, it IS possible that you will be facing a permanent felony conviction on your record.
Any conviction for marijuana possession will also result in a six month driver’s license suspension.
Defending Marijuana Charges in Okaloosa County
We will challenge every element of your arrest to make sure you get the best result possible. Here is an overview of some of our strategies:
- If there was a traffic stop, can we challenge the stop?
- Can we raise a legal challenge to the search?
- If the possession was constructive possession, can we use that to your advantage?
- Is there a basis to file a Motion to Suppress evidence?
- Is there a basis to file a Motion to Dismiss?
- Is your case eligible for Pretrial Diversion?
- Are you eligible for a Record Expungement?
