Fort Myers Marijuana Possession Attorney
Despite growing legalization across the nation for recreational use and Florida’s own limited allowance for medical marijuana use, marijuana possession remains a criminal offense in Florida. If you have been charged with possession of marijuana, it is important to understand your rights and the consequences you face and seek experienced legal representation. At Hollander & Hanuka Attorneys at Law, we are dedicated to defending individuals facing marijuana possession charges and protecting their future. Contact our Fort Myers marijuana possession defense lawyer today.
Florida Marijuana Possession Laws
Possession of marijuana in Florida is governed by strict state laws. Florida Statute § 893.13 criminalizes the possession of marijuana, and penalties can vary depending on the amount found in your possession and whether it is for personal use or distribution.
- Possession of 20 grams or less: This is a first-degree misdemeanor, punishable by up to one year in jail, a fine of up to $1,000, and potential probation. Additionally, a conviction can lead to a driver’s license suspension for up to one year.
- Possession of more than 20 grams: This is considered a third-degree felony, carrying severe penalties, including up to five years in prison, a fine of up to $5,000, and a felony criminal record.
- Possession with intent to distribute: If law enforcement believes you intended to sell or distribute marijuana, you could face felony charges, even if the amount is small. This charge carries significantly harsher penalties, including possible incarceration and steep fines.
Defenses Against Marijuana Possession Charges in Fort Myers
A marijuana possession charge does not automatically lead to a conviction. Several potential defenses available could result in reduced charges, dismissal, or an acquittal. At Hollander & Hanuka, we will thoroughly investigate the circumstances of your arrest and explore all possible defenses, such as:
- Unlawful search and seizure: The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement conducted an illegal search of your property, vehicle, or person, any evidence obtained may be inadmissible in court.
- Lack of possession: In some cases, you may be charged with possession of marijuana that did not actually belong to you. We will examine the facts to determine whether law enforcement has sufficient evidence to prove that you had knowledge of or control over the marijuana.
- Medical marijuana exemption: If you are a registered medical marijuana patient in Florida, possessing marijuana in accordance with your prescription may provide a valid defense.
- Mistaken identity or lack of evidence: Sometimes, law enforcement mistakes one person for another or lacks sufficient evidence to prove possession beyond a reasonable doubt. We will analyze the details of your case to identify weaknesses in the prosecution’s argument.
Consequences of a Marijuana Possession Conviction
Even a misdemeanor marijuana possession conviction can have serious long-term consequences. In addition to jail time and fines, you could be saddled with a criminal record. A conviction for marijuana possession will result in a permanent criminal record, which can negatively impact your future employment, housing, and education opportunities. In addition, Florida law mandates a driver’s license suspension of up to one year for anyone convicted of a drug offense, including marijuana possession. Non-U.S. citizens may also face severe immigration consequences, such as deportation or denial of future visas, following a marijuana possession conviction.
At Hollander & Hanuka, we understand the far-reaching impact of a marijuana possession conviction. Our legal team works tirelessly to protect your rights and pursue the best possible outcome for your case, whether negotiating reduced charges, securing alternative sentencing, or fighting for your case at trial.
Contact Hollander & Hanuka Today
If you are facing marijuana possession charges, having the right attorney on your side can make all the difference. At Hollander & Hanuka Attorneys at Law, we provide aggressive defense strategies tailored to the specifics of your case. Our experienced attorneys will guide you through every step of the legal process and work to minimize the impact these charges may have on your life.
To discuss your case with a knowledgeable criminal defense attorney, contact our Fort Myers office today for a free consultation. We will review your case, answer your questions, and help you understand your legal options. Don’t face marijuana possession charges alone—let us fight for you.