Many people think that possessing a small amount of marijuana is “no big deal” these days. What do you think about loosing your drivers license for 2 years? Is that a big deal?

The penalties available for a marijuana possession charge will depend on the amount of cannabis at issue. Where a defendant is found in possession of less than 20 grams, the offense is classified as a first degree misdemeanor, with penalties of up to one year in jail or one year probation, and a $1,000 fine.

A conviction for misdemeanor marijuana possession will result in a two-year driver’s license revocation, in addition to a likely term of probation. If a probationary sentence is imposed, the defendant will be subjected to intrusive random drug testing and be responsible for paying costs of supervision, court costs, fines, costs of prosecution, and completing all other terms and conditions imposed by the court. A failure to complete any one of these conditions, or a failed drug test, or a missed drug test, will result in a violation of your probation, the issuance of a warrant for your arrest, and a likely jail sentence.

Other penalties for possession of marijuana in Florida include the following:

• Mandatory driver’s license revocation (upon conviction);
• Ineligibility for some government employment;
• Ineligibility for Bright Futures Scholarships and other forms of State financial aid;
• Interference with State licensing, permitting, and certifications without completion of an approved drug treatment program;
• Ineligibility for public housing;
• Interference with employment prospects and college applications;
• Damage to reputation.

Defense against Marijuana Possession

Although the facts of every case will differ, cannabis possession is a highly defendable criminal charge.

The first angle of attack in a marijuana possession case is to challenge the legality of the search, detention, or traffic stop that led to the arrest or Notice to Appear. If appropriate in the case, this is done through the filing of a Motion to Suppress Evidence. A Motion to Suppress is a legal challenge to the constitutional validity of a law enforcement officer’s actions. Where police act unlawfully, any evidence they derive as the “fruit” of their illegal actions will be excluded from evidence under the Fourth Amendment “exclusionary rule.”

Thus, if a Motion to Suppress is granted, this may deprive the State of Florida of critical evidence (including the cannabis itself) needed to prove the case. Without the required evidence, the case will be dismissed, dropped, or the defendant acquitted.

To be safer, don’t be in possession of Marijuana. However, if you do get arrested, call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.