The Defense of Marijuana Possession
No other naturally occurring substance has wrought so much harm to our legal system or to the people caught up in it.

• Marijuana is a plant the is native to the American continents.  In some areas of the mid-west it grows wild up to 10 feet in height.  It has been used throughout history for many purposes.  In the United States, it is illegal to possess it.
• In Florida, a conviction for marijuana possession of less than 20 grams will result in the loss of driving privileges for two years.  It does not matter if you possessed it in a car.  Maximum penalties for a first time possession charge involving marijuana is 1 year in jail and a $1,000.00 fine.
• Possession of marijuana in excess of 20 grams (e.g. 21 grams) is a third degree felony punishable by up to 5 years in prison and a $5,000.00 fine. One ounce is approximately 28 grams.  There are 16 ounces to a pound.
• Drug paraphernalia can be anything from a bong to a baggie to the rolling paper left on a roach.  It is illegal to possess drug paraphernalia.  A conviction for possession drug paraphernalia can result in a maximum sentence of 1 year in jail and a $1,000.00 fine.
• The odor of marijuana is enough probable cause in Florida for a police officer to search your person or your vehicle without a warrant.  Burnt cannabis leaves a highly recognizable odor that permeates clothing, carpet, and fabrics.  All contraband found in the vehicle can be used as evidence against the occupants.  A marijuana seed is all that is necessary to convict a person of possession.  Marijuana residue found in a pipe is also sufficient for conviction.
• Possession of Marijuana on school grounds will result in an expulsion from that school.  School officials have broader powers of warrantless search than law enforcement officers.  An anonymous source is sufficient for a school administrator to search a locker, book-bag, or purse.
• Most employers run a form of background check during the hiring process.  Most apartment complexes run psuedo-background checks on prospective tenants.  Certain student loans are not available for people with criminal histories.

The point of all this is that the law recognizes some extremely viable defenses to the allegation of possession of marijuana.  Most people are under the belief that the punishment of marijuana possession is just a fine.  They believe that even judges see marijuana possession as an innocent act so they enter a plea immediately at first appearance.  The legal consequences of this blunder are nearly impossible to undo if not addressed immediately.

Never enter a plea to a drug possession charge without first consulting a criminal defense attorney.  Call (407) 841-5555 for a free consultation. 

For more information go to the NORML website.