I examine each marijuana case to determine if it can be dismissed and removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your cannabis case without a conviction you may be eligible to seal or expunge your record. Any marijuana/cannabis conviction results in a mandatory one-year driver’s license suspension. Hiring an experienced and aggressive cannabis defense lawyer is essential. I have defended hundreds of cannabis cases. Once hired, I will:
- Collect and review all government evidence;
- Identify all possible defenses;
- Negotiate with your prosecutor for a dismissal or reduced charges;
- Qualify you for a pretrial diversion program, and
- Do whatever is necessary to avoid a criminal conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully stopped, detained and arrested?
- Was any of the evidence collected against you illegally obtained?
- Are the allegations made against you false? Were there any witnesses to this incident?
- Were you read your Miranda rights? Were your statements obtained illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
PROVING POSSESSION OF CANNABIS
In Florida, there are three elements required to prove possession of under 20 grams of marijuana:
- The defendant possessed a certain substance (actual or constructive);
- The substance was cannabis (less than 20 grams); and
- The defendant had knowledge of the presence of the substance
PENALTIES FOR POSSESSION OF MARIJUANA
The penalties available for a marijuana possession charge will depend on the amount of cannabis at issue. Where a defendant is found in possession of less than 20 grams, the offense is classified as a first degree misdemeanor, with penalties of up to
- one year in jail or one year probation
- a $1,000 fine.
- drug abuse evaluation and educational course
- community service
Marijuana Pretrial Diversion Programs
The courts in Orange County and Seminole County each have diversion programs for first time offenders. Simple possession of cannabis, purchasing cannabis and possession of cannabis with the intent to sell drug charges can be referred to one of five local diversion programs. The drug-related diversion program your marijuana case may be referred to will depend on your prior record, facts of your case, county of residence and participation in a previous diversion program. Completion of a diversion program will result in the dismissal of all criminal charges.
- Orange County Drug Diversion Policy
- Orange County Drug Court
- Orange County misdemeanor diversion
- Orange County felony diversion
- Seminole County misdemeanor diversion
- Seminole County drug court
Does Florida Allow Medical Marijuana Use?
Yes, Florida’s office of Medical Marijuana use now issues medical marijuana cards for persons examined by a state certified doctor. A medical marijuana exam typically cost $200-$300 dollars and it cost $75 to obtain your medical marijuana card.
Mandatory Six Month Driver’s License Revocation
If you are convicted of possession of marijuana or any cannabis offense, the Department of Highway Safety and Motor Vehicles is required to revoke your driver’s license for a six month period. A possession of cannabis conviction results in a permanent criminal record and disqualifies you from ever having this conviction sealed or expunged from your criminal history.
Cannabis Case Law
STATE OF FLORIDA, Plaintiff, v. ORISSON NORD, (20-CF-57. 2020) Odor of cannabis coming from defendant’s parked vehicle, with no other reasonable suspicion of criminal activity, did not provide valid basis to detain defendant and perform warrantless search of vehicle or defendant because odor of cannabis is indistinguishable from odor of now-legal hemp
Cannabis Defense Lawyer for all Cannabis Charges
If you were recently arrested or charged with any Florida marijuana or cannabis charge, please call my Winter Park criminal defense only law firm in Orange County, Florida. I offer a free and confidential consultation to discuss your options. I represent clients in following marijuana related cases:
- Misdemeanor Possession of Marijuana
- Felony Possession of Marijuana
- Possession of Cannabis with the Intent to Sell
- Cultivation / Grow House charges
- Sale or Delivery of Marijuana
- Trafficking in Cannabis
I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I examine each marijuana case to determine if it can be dismissed and removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your cannabis case without a conviction you may be eligible to seal or expunge your record. Any marijuana/cannabis conviction results in a mandatory one-year driver’s license suspension. Hiring an experienced and aggressive cannabis defense lawyer is essential. I have defended hundreds of cannabis cases. Once hired, I will:
- Collect and review all government evidence;
- Identify all possible defenses;
- Negotiate with your prosecutor for a dismissal or reduced charges;
- Qualify you for a pretrial diversion program, and
- Do whatever is necessary to avoid a criminal conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Were you lawfully stopped, detained and arrested?
- Was any of the evidence collected against you illegally obtained?
- Are the allegations made against you false? Were there any witnesses to this incident?
- Were you read your Miranda rights? Were your statements obtained illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
PROVING POSSESSION OF CANNABIS
In Florida, there are three elements required to prove possession of under 20 grams of marijuana:
- The defendant possessed a certain substance (actual or constructive);
- The substance was cannabis (less than 20 grams); and
- The defendant had knowledge of the presence of the substance
PENALTIES FOR POSSESSION OF MARIJUANA
The penalties available for a marijuana possession charge will depend on the amount of cannabis at issue. Where a defendant is found in possession of less than 20 grams, the offense is classified as a first degree misdemeanor, with penalties of up to
- one year in jail or one year probation
- a $1,000 fine.
- drug abuse evaluation and educational course
- community service
Marijuana Pretrial Diversion Programs
The courts in Orange County and Seminole County each have diversion programs for first time offenders. Simple possession of cannabis, purchasing cannabis and possession of cannabis with the intent to sell drug charges can be referred to one of five local diversion programs. The drug-related diversion program your marijuana case may be referred to will depend on your prior record, facts of your case, county of residence and participation in a previous diversion program. Completion of a diversion program will result in the dismissal of all criminal charges.
- Orange County Drug Diversion Policy
- Orange County Drug Court
- Orange County misdemeanor diversion
- Orange County felony diversion
- Seminole County misdemeanor diversion
- Seminole County drug court
Does Florida Allow Medical Marijuana Use?
Yes, Florida’s office of Medical Marijuana use now issues medical marijuana cards for persons examined by a state certified doctor. A medical marijuana exam typically cost $200-$300 dollars and it cost $75 to obtain your medical marijuana card.
Mandatory Six Month Driver’s License Revocation
If you are convicted of possession of marijuana or any cannabis offense, the Department of Highway Safety and Motor Vehicles is required to revoke your driver’s license for a six month period. A possession of cannabis conviction results in a permanent criminal record and disqualifies you from ever having this conviction sealed or expunged from your criminal history.
Cannabis Case Law
STATE OF FLORIDA, Plaintiff, v. ORISSON NORD, (20-CF-57. 2020) Odor of cannabis coming from defendant’s parked vehicle, with no other reasonable suspicion of criminal activity, did not provide valid basis to detain defendant and perform warrantless search of vehicle or defendant because odor of cannabis is indistinguishable from odor of now-legal hemp
Cannabis Defense Lawyer for all Cannabis Charges
If you were recently arrested or charged with any Florida marijuana or cannabis charge, please call my Winter Park criminal defense only law firm in Orange County, Florida. I offer a free and confidential consultation to discuss your options. I represent clients in following marijuana related cases:
- Misdemeanor Possession of Marijuana
- Felony Possession of Marijuana
- Possession of Cannabis with the Intent to Sell
- Cultivation / Grow House charges
- Sale or Delivery of Marijuana
- Trafficking in Cannabis
I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
