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Sale of Marijuana and Marijuana Possession in Florida
In 2024 Floridians proved that some amount of the war on drugs should come to an end by successfully getting recreational marijuana on the ballot. However the fight isn’t over and many people have been charged and are still charged with Sale of Marijuana or possession. You need to know what can be done now if you are unlucky enough to be charged with Sale of Marijuana in Florida. If you are interested in Florida marijuana sale defense then you need to know the penalties of the main charge as well as other associated offenses which come with a sale of marijuana.
Gainesville Florida marijuana defense attorney Matt Landsman fights drug sales charges and defends you when you are accused or arrested for sale of controlled substances including Marijuana or Cannabis. The penalties can change depending on what is sold and where the sale takes place, what your criminal record is, and how much substance is being sold or possessed.
Penalties for Sale of Marijuana
Marijuana, also referred to as cannabis, is primarily criminalized and governed by Florida Statute 893.13, which governs all controlled substances in Florida. Sale of marijuana or cannabis can be a 3rd degree felony punishable by up to 5 years in prison and up to 5,000 dollar fine. Sale of cocaine or other controlled substances are normally 2nd degree felonies punishable by up to 15 years in prison and up to 10,000 dollar fine. These penalties can get even higher if the sale took place within 1000 feet of a school, daycare, church, or other designated area. Also, these offenses will normally score relatively high on the criminal punishment code, so there could be minimum sentences as well based on the type of crime charged, your criminal history, and whether the statute itself has a minimum mandatory penalty. Knowing all the other possible offenses which can accompany a sale of marijuana allegation can help you be aware of the battle you face and why you need Florida marijuana sale defense today.
Manufacture and Sale of Marijuana
Manufacture and sales (or possession with intent to manufacture or sell) – Manufacturing, selling, or possessing marijuana with the intent to do so is a third degree felony, punishable with up to five years in prison.
Manufacture or sales (or possession with intent to manufacture or sell) within 1,000 feet of a drug free area – Marijuana sales or possession within 1,000 feet of a school (between 6 a.m. and midnight), public recreation area, place of worship, public housing facility, or assisted living facility is a second degree felony, punishable with up to 15 years in prison. You need Florida marijuana sale defense, which also applies to manufacturing, if these charges happened to you.
Delivery of less than 20 grams – The delivery of up to 20 grams of marijuana or gift thereof without accepting payment is guilty of a first degree misdemeanor, punishable with up to one year in jail.
Sale to a minor – An adult selling marijuana to a minor (person under 18) or who hires a minor to sell marijuana is guilty of a second degree felony, punishable with up to fifteen years in prison.
Trafficking in Marijuana
Even though this isn’t sale itself, sometimes it is an associated charge due tot he amount of plants being sold or simply exists additionally to the other charge based on the circumstances. Florida marijuana sale defense and concepts are partially discussed here since they are relevant to marijuana and frequently occur together. Make sure you know your trafficking mandatory sentences to be informed regarding marijuana in Florida.
Between 25 and 2,000 pounds, or between 300 and 2,000 cannabis plants – 3 years minimum prison sentence and a fine of up to $25,000.
Between 2,000 and 10,000 pounds, or between 2,000 and 10,000 plants – 7 years minimum prison sentence and a fine of up to $50,000.
10,000 pounds or more, or 10,000 plants or more – 15 years minimum prison sentence and a fine of up to $200,000.
Importing Marijuana into Florida
Even if the amount is less than for charges related to trafficking, importing marijuana into the state of Florida is a third degree felony, punishable with up to five years in prison. Don’t be confused about all the overlapping issues in these areas, Florida marijuana sale defense frequently applies to many of them, and an experienced attorney can explain how.
Drug Paraphernalia – First degree misdemeanor, punishable with up to one year in jail.
Possession and use of cannabis under 20 grams– First degree misdemeanor, punishable with up to one year in jail.
Manufacture and sale – Manufacture and sale of marijuana paraphernalia a third degree felony, punishable with up to five years in prison.
Sale to a minor – Second degree felony, punishable with up to 15 years in prison.
Transporting paraphernalia – Third degree felony, punishable with up to five years in prison.
Advertising paraphernalia – First degree misdemeanor, punishable with up to six months in jail.
Possible Gainesville Defense Strategies in Drug Crimes
Just because you have been accused of a crime doesn’t mean the authorities can prove you guilty of the crime. Matt Landsman knows the crucial questions to ask in fighting for you. Did the arresting officer have probable cause? Was entrapment involved? Were the lab tests properly conducted and are the results trustworthy? If someone is testifying against you, were there any deals made with informants? You need someone who has experience and knowledge with police procedure, cooperating witnesses, challenging search and seizure warrants, and all of the subjects and issues that arise in the sale of drug charges. Gainesville Sale of drugs attorney Matt Landsman has the experience and expertise you need to get the best results when you are charged with selling drugs.
Possession of Cannabis in Florida
In Florida, it is a crime to possess any amount of cannabis without a prescription.
In Florida, cannabis is a Schedule I controlled substance and it is a crime to possess any amount of cannabis without a prescription. It is a misdemeanor to possess less than 20 grams of cannabis and a felony to possess more than 20 grams of cannabis. Importantly, cannabis concentrates, such as cannabis resin, cannabis wax, cannabis oil, hashish oil, cannabis budder, and cannabis crumble do not fall under the legal definition of cannabis in Florida and are prosecuted as a separate felony crime.
Penalties for Marijuana Possession
The penalties for marijuana possession depend on whether you are charged with possession of less than twenty grams of marijuana, which is considered misdemeanor possession, or possession of twenty grams or more of marijuana, which is considered felony possession. Even though it is possession, the concepts of Florida marijuana sale defense can still apply.
Penalties for Possession of less than 20 grams of Marijuana
In Florida, the crime of Possession of less than 20 grams of Cannabis is a First Degree Misdemeanor and punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.
Penalties for Possession of 20 grams or more of Marijuana
The crime of Possession of 20 grams or more of Cannabis is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Defenses to Sale of Marijuana
Sale of Marijuana is not as targeted as it once was in the area, and arrests form just a sale are less and less frequent. But, when they do happen, it is usually the result of more serious offenses being investigated. In that case, for example the police are investigating are much more serious charge of Racketeering (an organized criminal organization), trafficking or delivery of other substances, or are targeting an individual for the sale of higher level offenses and the police uses evidence of a marijuana sale as a way into a larger prosecution. In that case the defenses will correspond with the nature of the other offense being investigated, which will usually have a confidential informant, wiretap, search warrants, possible entrapment, or other issues not covered by the idea of Florida marijuana sale defense but they interact. Also don’t forget that Possession of Cannabis or Marijuana is a possession offense, and generally the defenses applicable to possession are equally applicable to these charges. Those defenses include but are not limited to:
For more information on Florida marijuana sale defense call Board Certified Criminal Trial Lawyer Matt Landsman who can help with all the issues above. One special area to note which is distinct from similar charges like possession of controlled substance or sale, Cannabis has some additional evidentiary and suppression issues. For example in the recent appellate case baxter v state, where on august 2nd 2024 the 5th DCA ruled that the “plain smell” of cannabis alone no longer provides reasonable suspicion to detain. This means that the area of law concerning unlawful detention based on marijuana is changing in Florida, and you need an experienced criminal defense attorney to help you. See the recent Landsman Law blog post for more in depth information about this topic.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.