Flaherty Defense Firm, Fort Walton Beach Criminal Lawyer
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Okaloosa County Marijuana Attorney

Statistics show that marijuana is one of the most commonly used drugs in Okaloosa County and throughout Florida. Even with that being the case, the prosecuting attorney will still do everything in their power to convict anyone charged with a marijuana offense. If you have been arrested for misdemeanor or felony possession of marijuana in Okaloosa County, I urge you to contact me right away. A drug conviction will have a serious impact on your life and it is imperative to hire an experienced criminal defense attorney who knows what it takes to keep a drug conviction off your record. Here at Flaherty Defense Firm, we have been successfully defending marijuana cases in Okaloosa County for over 16 years. Call us 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. Since a prescription for marijuana cannot be obtained in Florida, any possession of marijuana is deemed to be illegal.

Possession of marijuana may be sole or joint, 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 of those persons is considered to be in possession of the substance.

Florida Law: What is the Difference between Actual and Constructive Possession?

Actual possession means that the person is aware of the presence of the substance and:

  1. The substance is in the hand of or on the person, or
  2. The substance is in a container in the hand of or on the person, or
  3. The substance is so close as to be within ready reach and is under the control of the person.

Constructive possession means that 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

Potential 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 and could be facing up to 5 years in prison.

Any conviction for marijuana will result in a one year driver’s license suspension.

Defending Marijuana Charges in Okaloosa County

At Flaherty Defense Firm, we will challenge every element of your arrest to ensure you get the best result possible. After evaluating your case, we will determine if you were wrongfully arrested and file the appropriate motions to suppress the evidence the State Attorney is using against you. In other instances, we will review your past criminal history along with the details of your case to see if you are eligible for Pretrial Diversion or a Deferred Prosecution Agreement. These types of diversion programs guarantee a dismissal of the charges against you if you meet a certain set of requirements over a period of time. Diversion programs are not handed out freely on drug cases and it is imperative to have an Okaloosa County defense attorney advocating for your best interests.

Contact an Okaloosa County Marijuana Defense Attorney

Don’t fall into the trap of thinking that your weed charge is not that big of a deal. A permanent marijuana conviction on your record will negatively affect your opportunities for employment, housing, and schooling. Call Flaherty Defense Firm at (850) 243-6097 as soon as possible to find out how we can fight your Okaloosa County possession case. We will treat you with dignity and respect and give you our honest opinion on the outcome of your case. We are available 24/7 and have helped many clients get through this stressful time. We are ready to do the same for you.

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