In the State of Florida (and as a matter of federal law) Marijuana is a scheduled / controlled / illegal substance, and in Florida (everywhere in Florida) “simple” possession of any amount of marijuana is a crime.
If you possess less than twenty (20) grams of marijuana then your offense is a misdemeanor (for which you can be either physically or paper arrested) and if you possess twenty (20) grams or more of marijuana then your crime is a felony (which requires booking into a jail facility).
Recently some local jurisdictions (like Miami-Dade County and the City of Miami Beach) have passed local ordinances which seek to effectively decriminalize misdemeanor possession, offering police the discretion to issue a “civil infraction” (a payable fine which carries no criminal record) instead of making an arrest (paper or physical). It is important to note that while these acts are commendable, until the Florida Legislature “wakes up and smells the sensimilla” and repeals the statute which criminalizes possession (F.S. 893.13), possession of marijuana, even in small quantities, is a criminal act subjecting you to arrest, prosecution and a criminal record. (And, even still, if Florida State law changes the feds must also alter their schedule so as to make marijuana possession “safe” across the board. Until then there is always risk, even in “marijuana-friendly” States such as Colorado and California.)
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client’s interests and custom tailors his services to meet each client’s particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client’s rights are respected and that his clients receive top-tier legal representation and counsel.
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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