Marijuana is still illegal under Florida law for most people, even though attitudes and local enforcement have changed. Whether you face a misdemeanor or a felony usually comes down to weight.
What is the 20-gram line for marijuana?
Possessing 20 grams or less of cannabis is a first-degree misdemeanor, which can mean up to a year in jail and a fine. More than 20 grams is a third-degree felony, with up to five years. Having it with an intent to sell, or growing it, is charged more seriously.
Where are marijuana cases won or lost?
Most marijuana cases start with a search, so the first question is whether the stop, the search of your car or your person, or the entry into your home was lawful. Hemp is legal and smells the same as marijuana, so courts in this district no longer treat the smell of cannabis alone as probable cause for a search. It is one factor among everything the officer had. I also look at whether the drugs were really yours, since passengers, shared cars and shared homes complicate possession.
Hemp or marijuana?
Under the state hemp statute, cannabis with a total delta-9 THC concentration of 0.3 percent or less, measured by dry weight, is hemp, not marijuana. Hemp and marijuana look and smell alike, and a roadside field test only shows that THC is present, not how much. Whether a substance is illegal can come down to a lab result, so I look closely at what was tested and how.
How does a medical marijuana card affect a charge?
A valid Florida medical marijuana card can make a difference in some cases, but it does not cover every situation, and the details of how the product was packaged and carried matter.
How are marijuana cases resolved?
For many first-time defendants there are options, such as diversion or a deferred outcome, that can end the case without a conviction. I will tell you what applies to your situation.
If you have been arrested or cited in Hillsborough, Pinellas or Pasco, call me at (813) 228-6001 before you answer questions or sign anything.
The consultation is free.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
Should I talk to the police or the prosecutor before I call you?
No. Anything you say can be used in the case. It is easier to help you before a statement is made than after, so call me first.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 893.13(6)(a) and (6)(b); 893.03(1)(c) (cannabis); 581.217 (hemp).
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: Drug possession defense, Cocaine Possession Charges in Florida, Prescription Pill Possession Charges in Florida.