Marijuana Charges in Tampa, Florida | Hillsborough County

Watch Video – Marijuana charges can leave you with a permanent criminal record. Some communities have laws that allow forfeiture or the seizing and taking of a vehicle involved with an alleged marijuana crime. A Tampa marijuana Lawyer who is Board Certified as a Criminal Trial Lawyer, can help save you and your vehicle when there are drug charges including trafficking and cannabis a/k/a “weed.”

Ask a Lawyer – Free Phone Consultation Call 813-222-2220

Isn’t Marijuana Legal in Florida?

No – the Drug Remains Illegal absent a Compassionate Use Card issued upon recommendation of a doctor. With all the media attention on the ballot issue in November, people may still forget that Cannabis / Marijuana is still a violation of Chapter 893 of the Florida Statutes. Stories of a typical drug bust can be found here.

Legal Issues of constructive possession, knowledge, dominion and control, lack of a search warrant, and probable cause still remain issues to be challenged and presented to the court, the prosecutor or a Jury. If and when the law on medical marijuana changes, the drug remains a controlled substance under both State and Federal laws

Here are a Few Frequently Asked Questions FAQ

Drug2103 Possession of Cannabis Less than 20 Grams

Florida Courts Do Not Require and Expert or a Lab Test to Prove Possession Charges or to establish the chemical makeup of Cannabis or Marijuana. The field presumptive test and the testimony of the arresting officer is all they need.

“the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree”

Form Code: DRUG2103

Florida Statute: 893.13.6B
Level: Misd (Misdemeanor)
Degree: 1st

Description: POSSESSION OF CANNABIS LESS THAN 20 GRAMS

DRUG2103 is one of the most commonly charged offenses in Tampa and Hillsborough County, Florida.

Florida Statute 893.13.6B

Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13.6(b) If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.

Drug2102 Possession of Cannabis More than 20 Grams

Possession of more than 20 grams of weed is a felony in Florida. Cops can and do attempt to seize and forfeit motor vehicles used during the alleged crime. Additionally, judges and prosecutors can and do seek suspension of a driver’s license for 2 years. In short, Florida drug laws remain harsh for those who do not have a compassionate use medical marijuana card.

Form Code: DRUG2102

Florida Statute: 893.13.6A
Level: Fel (Felony)
Degree: 3rd
Description: POSSESSION OF CANNABIS

DRUG2102 POSSESSION OF CANNABIS one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13 Prohibited acts; penalties.

(6)(a) It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

“drug charges result in suspension of Driver’s License”

Aside from the drug court, sometimes law enforcement fails to follow the requirements of the Fourth Amendment on Search and Seizure. Courts sometimes suppress evidence and marijuana seized without a valid Search Warrant.The case cannot be prosecuted if key evidence is tossed.

What are the Penalties – Florida State Marijuana Law Penalty Summary:

An ever-increasing number of drug charges result in suspension of Driver’s License. Additionally the penalties are listed below. Any conviction can result driver’s license suspension for 6 months to 2 years.

“sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison”

Possession:

20 g or less Misdemeanor 1 year $1,000
More than 20 g Felony 5 years $5,000

Sale or Cultivation:

Delivery of 20 g or less Misdemeanor 1 year $1,000
25 lbs or less Felony 5 years $5,000
25 to 2,000 lbs (or 2,000 plants) Felony 3 years MinMan* $25,000
2,000 to 10,000 lbs (or 10,000 plants) Felony 7 years Min Man* $50,000
10,000 lbs (or 10,000 plants) or more Felony 15 years MinMan* $200,000
Within 1,000 feet of school or other Felony 15 years $10,000

* MinMan = Mandatory minimum sentence.

Other Penalties:

Paraphernalia possession misdemeanor 1 year $1,000
Any conviction causes driver’s license suspension for 6 months to 2 years.

Any sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison and a fine of $10,000.

What Are Charge Codes?

Law enforcement is using rather obscure codes to classify marijuana offenses when they are entered into the various report systems. For your convenience we have decoded a few common cannabis charges:

Drug2103 Possession Of Cannabis Less Than 20 Grams – First Degree Misdemeanor punishable by 12 months in county jail.

Drug2102 Possession Of Cannabis – Third Degree Felony Punishable by 5 years Florida State Prison

Drug2300 Possession Of Cannabis With Intent To Sell – Third Degree Felony Punishable by 5 years Florida State Prison

Drug2500 Manufacture Of Cannabis – Third Degree Felony Punishable by 5 years Florida State Prison

You can review the decision here:

Source: 34 Fla. L. Weekly D2306b

Marijuana Florida Drug Defense Attorney, Pat Down, Probable Cause, Reasonable Suspicion

Constructive Possession Cannabis | Defense Win

The drug charge was Trafficking in Cannabis. When the state failed to prove the defendant’s constructive possession of cannabis discovered in a suitcase in trunk of her car during a consent search, the defense got a win. The appeals court ruled there must be independent proof that a defendant in a possession of cannabis case had knowledge of presence of cannabis or had dominion and control over a container found in the trunk of a car.

Notably, the suitcase had no fingerprints, had jeans of a size fitting a passenger, and the defense put on unrefuted testimony that she was not in exclusive possession of vehicle, a passenger had keys to vehicle and also had access to the vehicle’s trunk. Even though the defendant had nearly $1,000 in cash, the state failed to show that $939 cash in her possession was in any way connected with trafficking in cannabis. The defendant testified the money was for school .

The court ruled, “Accordingly, the trial court erred in denying [defendant’s] motion for judgment of acquittal, and we reverse and remand with directions for the court to discharge [defendant] Reversed and remanded . . . .”

Constructive Possession of Cannabis Questions? Call me Toll Free 1-877-793-9290 .

View Adobe Acrobat PDF Copy of Constructive Possession Cannabis Case Here.

The defendant “was arrested after the police discovered a suitcase containing cannabis in the trunk of the car she was driving. A jury found her guilty of trafficking in cannabis; possession of a conveyance used for trafficking, sale, or manufacturing of controlled substances; and possession of drug paraphernalia. We reverse because, in this constructive possession case, the State failed to establish [defendant’s] knowledge of the presence of the cannabis or her dominion and control over the suitcase containing the cannabis.”

Constructive Possession of Cannabis Case Excerpts:

“The facts of this case are analogous to those in K.A.K. v. State, 885 So. 2d 405 (Fla. 2d DCA 2004). In K.A.K., the juvenile defendant was the driver of a vehicle that contained three passengers and was involved in an automobile accident. 885 So. 2d at 406. When the sheriff’s deputy arrived on the scene, he noticed what appeared to be a glass pipe used to smoke drugs on the floorboard of the driver’s side. The deputy searched the car’s interior and discovered a leafy substance that appeared to be cannabis scattered about the driver’s side. In the open glove compartment, the deputy found a box containing rolling papers and tweezers with a burnt tip.”

“In cases relying on circumstantial evidence, such as this one, the evidence must also exclude any reasonable hypothesis of innocence propounded by the defense. See Pagan, 830 So. 2d at 803. The evidence must “lead ‘to a reasonable and moral certainty that the accused and no one else committed the offense charged. It is not sufficient that the facts create a strong probability of, and be consistent with, guilt. They must be inconsistent with innocence.’ ” Lindsey v. State, 14 So. 3d 211, 215 (Fla. 2009) (quoting Frank v. State, 163 So. 223, 223 (Fla. 1935)).”

“[E]vidence which furnishes nothing stronger than a suspicion, even though it would tend to justify the suspicion that the defendant committed the crime, is not sufficient to sustain [a] conviction. It is the actual exclusion of the hypothesis of innocence which clothes circumstantial evidence with the force of proof sufficient to convict. Circumstantial evidence which leaves uncertain several hypotheses, any one of which may be sound and some of which may be entirely consistent with innocence, is not adequate to sustain a verdict of guilt. Even though the circumstantial evidence is sufficient to suggest a probability of guilt, it is not thereby adequate to support a conviction if it is likewise consistent with a reasonable hypothesis of innocence.”

Source: 36 Fla. L. Weekly D1266a

Drug Charge Defense Attorney