Thank you for asking me “How much time can I get for Possessing Marijuana in FL?”
In Florida Possession of Marijuana can either be a non-criminal civil infraction, a misdemeanor or a felony, all depending upon how much marijuana you possessed.
If you possess less than 20 grams then you have committed a 1st degree misdemeanor and you face up to 364 days in jail, but in many FL jurisdictions cops enjoy the discretion to give you a civil infraction – or a ticket – which you can pay without criminal consequences.
But, once you cross the 20 gram threshold you have committed a felony and arrest is imminent. Simple felony possession of marijuana is a 3rd degree felony subjecting you to up to 5 years in prison.
But if you possess either 25 or more pounds or 300 or more plants then you have crossed the line from mere possession into trafficking, and you now face a 1st degree felony which is punishable by up to 30 years in prison.
On top of the potential 30 year sentence, all trafficking charges carry minimum mandatory penalties, and, like trafficking itself, these min/mands also depend upon the amount of drugs that you possess.
In the case of marijuana trafficking between 25 – 2,000 pounds or 300 2,000 plants triggers a 3 year min/mand; either 2,000 – 10,000 pounds or plants triggers a 7 year min/mand and 10,000 or more pounds or plants triggers a 15 year minimum mandatory.
If you are found guilty of trafficking then, absent a statutory basis for departure, the court is required to sentence you to a maximum prison term of 30 years coupled with the appropriate minimum mandatory term of imprisonment, and while you get gain time on the overall sentence you must first serve the minimum mandatory, and the min/mand gets served day for day, without gain time or any time off for good behavior.
There are some ways around the min/mand, but they are few and far between.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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