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Tampa Marijuana Lawyer – Defense Guidance from Attorney W.F. “Casey” Ebsary, Jr.
Your Tampa Marijuana Defense Resource – Drug2Go.com
Florida’s marijuana laws remain confusing, heavily enforced, and often misunderstood. Although medical marijuana is legal, recreational possession, distribution, manufacturing, and trafficking still bring steep criminal penalties in Tampa and across Hillsborough County. As a Tampa Marijuana Lawyer, I defend clients every day against charges ranging from simple possession to complex trafficking and cultivation cases. This page uses a comprehensive question-and-answer format to give potential clients clear, authoritative information so they know what to expect—and how to get help immediately.
If you or someone you love is facing a marijuana charge, you can learn more about me on my bio page at https://drug2go.com/about/ or contact me directly at https://drug2go.com/contact/.
What Is Considered a Marijuana Crime in Tampa, Florida?
Marijuana crimes in Tampa include possession, possession with intent to sell, delivery, distribution, cultivation, and trafficking. Under Florida Statutes § 893.13 and § 893.135, marijuana remains a controlled substance, meaning penalties can escalate quickly depending on weight and intent. Even though medical marijuana is permitted, recreational use is still illegal in Florida, making enforcement a significant issue throughout Hillsborough County. You can read the statutes on Justia: https://law.justia.com/codes/florida/2024/title-xlvi/chapter-893/.
What Are the Penalties for Marijuana Possession in Tampa?
Possession of 20 grams or less is a first-degree misdemeanor punishable by up to one year in jail, one year of probation, and a $1,000 fine. Anything over 20 grams becomes a felony, with penalties potentially reaching five years in prison. Judges in Tampa frequently attach additional conditions, including drug evaluations, random testing, and community service. Official penalty information can be viewed through the Florida Legislature: https://www.leg.state.fl.us.
Can Police in Tampa Search My Car for Marijuana Without Consent?
Police cannot search your vehicle unless they have consent, probable cause, or another legal exception to the Fourth Amendment. The smell of marijuana was once considered automatic probable cause, but Florida courts have issued split rulings due to the legalization of hemp. This makes cannabis-odor search cases extremely defensible. You can review constitutional principles on the Florida Courts website: https://www.flcourts.gov.
What Should I Do If I Am Arrested for Marijuana in Tampa?
The most important action is to remain calm, avoid discussing your case, and request an attorney immediately. Anything you say—even seemingly harmless comments—may be used against you. Once retained, I examine search procedures, evidence handling, officer body-cam footage, and lab testing for errors. For immediate assistance, visit https://drug2go.com/contact/.
What Are the Penalties for Selling or Distributing Marijuana in Tampa?
Selling marijuana—even small amounts—triggers felony prosecution under Fla. Stat. § 893.13(1)(a). Penalties can include up to 15 years in prison, depending on the weight and whether the sale occurred near a school or public housing. Tampa police, Hillsborough County deputies, and federal agencies often use undercover buys, confidential informants, and surveillance in these cases. Statute details may be reviewed on Justia: https://law.justia.com/codes/florida/2024/title-xlvi/chapter-893/.
Is Growing Marijuana Plants Illegal in Florida?
Yes—cultivation is illegal unless you are a licensed medical marijuana treatment center. Growing even a single plant can be charged as a felony under Fla. Stat. § 893.13(1)(a). Larger grow operations can lead to trafficking charges, mandatory minimums, and federal involvement. Florida’s rules regarding cultivation and licensing may be reviewed through the Florida Department of Health: https://www.floridahealth.gov.
What Counts as Marijuana Trafficking in Florida?
Trafficking begins at 25 pounds or 300 plants, regardless of whether money changes hands. Penalties include mandatory minimum sentences of 3, 7, or 15 years under Fla. Stat. § 893.135(1)(a). Prosecutors in Tampa aggressively pursue these cases, and mandatory prison means negotiation strategy becomes critical. You can review the full trafficking statute here: https://law.justia.com/codes/florida/2024/title-xlvi/chapter-893/section-893-135/.
Table: Tampa Marijuana Crime Penalties
| Marijuana Offense | Florida Statute | Classification | Possible Penalties |
| Possession ≤ 20g | § 893.13(6)(b) | Misdemeanor | Up to 1 year jail + $1,000 fine |
| Possession > 20g | § 893.13(2)(a) | Felony | Up to 5 years prison |
| Sale/Delivery | § 893.13(1)(a) | Felony | Up to 15 years prison |
| Cultivation | § 893.13(1)(a) | Felony | Up to 15 years prison |
| Trafficking ≥ 25 lbs | § 893.135(1)(a) | Felony | 3–15 year mandatory minimums |
Chart: Penalty Escalation Based on Marijuana Weight (Tampa, FL)
(Styled for Drug2Go aqua/gray/black theme)
X-Axis: Weight of Marijuana
Y-Axis: Minimum Penalty Exposure
- 0–20 grams → Misdemeanor, discretionary jail
- 20 grams–25 pounds → Felony, up to 5 years
- 25–2,000 pounds → 3-year mandatory minimum
- 2,000–10,000 pounds → 7-year mandatory minimum
- 10,000+ pounds → 15-year mandatory minimum
(This chart can be rendered as an infographic for your site upon request.)
Can My Tampa Marijuana Case Be Dismissed?
Yes—many marijuana charges are dismissible due to improper searches, illegal traffic stops, flawed warrants, or defective lab testing. Hillsborough County prosecutors must also prove that the substance tested positive for marijuana, not legal hemp. A strong defense challenges each step of police procedure and the state’s burden of proof. To discuss dismissal strategy, you may contact me at https://drug2go.com/contact/.
Is Medical Marijuana a Defense to Criminal Charges?
Medical marijuana is only a defense if you are a registered patient and in lawful possession of products from a licensed dispensary. Possession of raw flower, edibles, or oils without proper documentation may still result in arrest. Police commonly misunderstand medical cannabis laws, which often leads to wrongful charges. Florida’s medical marijuana program is outlined by the Department of Health: https://knowthefactsmmj.com.
Do Hillsborough County Prosecutors Offer Diversion for Marijuana Charges?
Yes, the State Attorney’s Office may offer diversion programs for first-time offenders charged with misdemeanor possession. Completion may result in a dismissal and eligibility for expungement. Diversion availability depends on criminal history, case facts, and officer observations. Hillsborough diversion program information is available at https://www.sao13th.com.
Video Section – Tampa Marijuana Defense Explained
Embedded video:
🎥 Can You Be Arrested for Marijuana Possession in Tampa?
In this short video, Tampa Drug Lawyer W.F. “Casey” Ebsary Jr. explains a common question: Can I be arrested for marijuana in Tampa at the Gasparilla Pirate Festival? The answer is yes. Despite the party atmosphere, marijuana remains illegal under Florida law, and Gasparilla is heavily policed. Even small amounts can result in arrest, citations, or confiscation. A medical marijuana card does not allow public use, and local decriminalization policies do not prevent law enforcement from making arrests—especially during large events.
If you or someone you care about was stopped, searched, or charged at Gasparilla in Tampa, Florida, what happens next matters. Early legal intervention can make the difference between a dismissal and a permanent record.
📞 Contact Drug2Go.com today for a confidential marijuana defense consultation.
How Can a Tampa Marijuana Lawyer Help Me Avoid Jail?
A skilled lawyer identifies suppression issues, negotiation leverage, and statutory defenses. In many cases, I am able to secure dismissal, diversion, reduced charges, or avoidance of mandatory minimums. My goal is to protect your record, your freedom, and your future. For direct help, please visit my bio page at https://drug2go.com/about/.
FAQs – Tampa Marijuana Lawyer
Can a Marijuana Charge Affect My Professional License in Florida?
Yes, many agencies—including nursing, teaching, and real estate boards—view marijuana offenses as violations of moral character rules. Even misdemeanor possession can trigger an administrative investigation. This makes swift legal action essential to protect your career and credentials. Florida licensing boards publish their disciplinary guidelines at https://www.myfloridalicense.com.
Can I Be Charged for Marijuana Found in a Shared Home or Vehicle?
Yes, but the state must prove “constructive possession,” meaning knowledge and control over the marijuana. When multiple people have access to the location, prosecutors often have difficulty establishing exclusive possession. These weaknesses frequently lead to dismissals or reduced charges. Constructive possession is a major focus in marijuana defense strategy.
Will I Lose My Driver’s License for a Marijuana Charge?
Unlike past laws, Florida no longer mandates automatic driver’s license suspensions for drug possession convictions. However, judges can impose suspensions as part of sentencing conditions. Avoiding conviction is the most effective way to prevent license issues. Defense intervention early in the case often determines the outcome.
Can Federal Charges Arise From Marijuana Cases in Tampa?
Yes, large-scale cultivation, interstate activity, or cases involving federal property may attract DEA involvement. Although federal prosecutors have shifted priorities, marijuana remains illegal federally under the Controlled Substances Act. Federal penalties escalate quickly due to sentencing guidelines. Understanding both state and federal exposure is a critical part of your defense.
Contact a Tampa Marijuana Lawyer Today
If you’re facing a marijuana arrest or investigation, timing matters. Evidence must be preserved quickly, search issues must be analyzed early, and your defense strategy should begin immediately.
Learn more about me at https://drug2go.com/about/
or contact me directly at https://drug2go.com/contact/.
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