Florida Criminal Attorneys Blog

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In our last article, Florida criminal defense lawyer John Musca discussed how some other states have structured their laws to deal with marijuana. We also discussed some of the penalties for possession of marijuana under Florida. In this article we will finish our examination of how Florida law deals with marijuana possession and sale.

Under Florida Law, possession or sale of more than 25 pounds of marijuana (Florida Statute 893.135) is considered trafficking and is punishable by a mandatory minimum sentence of three years in prison. As with its definition of trafficking for other drugs, many people are surprised to learn that the crime of trafficking in Florida does not require a person to have either sold or intended to sell the drugs. Mere possession is enough to prove trafficking under Florida law if the controlled substance is above a certain weight.

A mandatory minimum sentence under Florida law means that a judge is unable to reduce that person's sentence from the three year minimum - even if there are mitigating factors once the person is convicted of the crime. Minimum mandatory sentences, therefore, shift the discretion in how a person is sentenced from judges to prosecutors. Sometimes, a prosecutor may offer a defendant a sentence more lenient than the mandatory minimum under exceptional circumstances, but a person who is not offered a plea deal from the prosecutor and who is subsequently convicted of trafficking has no wiggle room to ask the judge for a lower sentence. In addition to Florida's mandatory minimum sentence for possession or sale of more than 25 pounds of marijuana, there is also a mandatory minimum seven year prison sentence for possession or sale of between 2,000 and 7,000 pounds of marijuana as well as a 15 year minimum sentence for possession or sale of 10,000 pounds or more. Using the estimated average dosage of marijuana of 1 gram, 10,000 pounds of marijuana is over 4.5 million doses, or enough marijuana for a daily smoker to smoke for over 12,000 years.

Each of the 50 states has taken a different approach to dealing with the drug marijuana, according to Florida criminal defense attorney John Musca. In states that are relatively tolerant of the drug, like Alaska and California, possession of a small amount of marijuana is considered a minor offense. In Alaska, the state Supreme Court has ruled that the state constitution, which guarantees all citizens the right to privacy, forbids the state from arresting an individual for possession of marijuana. In California, marijuana is widely allowed for medicinal purposes with an estimated 200,000 registered marijuana patients and 1,250 registered marijuana dispensaries across the state. Further, both California's Governor Arnold Schwarzenegger and Alaska's Governor Sarah Palin have admitted to publicly smoking marijuana with little public backlash. Additionally, 11 other states have either decriminalized the offense of possessing a small amount of marijuana or have made prosecuting the crime the lowest level priority of law enforcement.

Florida, however, has taken the approach of 36 other states and criminalized the possession of a small amount of marijuana. Under Florida law, possession of marijuana under 20 grams is considered a misdemeanor offense punishable by up to one year in jail. Possession of more than 20 grams of marijuana is considered a third degree felony, punishable by up to five years in prison. Any time a person is convicted of possession of marijuana or any other drug in Florida he faces serious collateral consequences with regard to his driver's license. Any conviction for possession of any drug automatically suspends a person's license for two years. By way of comparison, a conviction for a first DUI offense results in a person's driver's license being suspended for six months. A conviction for misdemeanor marijuana possession also creates a potential three year on eligibility for public housing, a ban on state financial aid including financial aid for education, a five year ban on eligibility to become a foster parent and a ban on public employment unless you have successfully completed a drug treatment program.

Lee County, FL.   In the State of Florida, a conviction for any drug offense will results in an automatic and immediate two year suspension of a driver's license. The suspension goes into effect regardless of whether or not the crime was driving-related. This includes a conviction for possession of marijuana. Florida penalizes the possession of marijuana even in very small amounts. Possession of 20 grams or less is a first-degree misdemeanor.

A marijuana conviction has many other long term serious consequences and is punishable by up to one year in prison, in addition to probation, fines, court costs and other penalties. College students convicted of possession have a lot at stake. If convicted, a college student will loss eligibility for state financial aid and student loans, jeopardize college enrollment status, employment opportunities and other future prospects. When charged with possession of marijuana, it is critical to take appropriate action and retain an experienced criminal defense attorney.

A Lee County college student facing possession charges took precautions to protect his future by retaining the knowledgeable and skilled criminal defense attorneys at Musca Law.

Continue reading "College Student Possession of Marijuana: Defense Attorney Fights to Obtain No Conviction! " »

Lee County, FL.  A Lee County Sherriff Deputy was on uniform patrol with his K9 partner when the loud noise of a muffler from a black Honda Civic caught his attention. The Deputy also noticed the dark tinted window on the front passenger side of the vehicle was darker than the legal limit. The officer conducted a traffic stop and made contact with the driver. The driver agreed that his aftermarket muffler was noisy and needed to be fixed. He explained to the officer that he had recently moved from another state and the darker window tint was legal there. He was in the process of removing the window tint on his car and only had one window left to finish. 

While speaking with the driver, the officer noticed the odor of marijuana coming from the interior of the vehicle and asked the driver to exit his car. The Deputy utilized his K9 partner to conduct a free air sniff of the vehicle. The K9 gave a positive alert to the odor of illegal narcotics coming from inside the passenger side of the vehicle. The officer recovered a clear plastic bag of marijuana from the vehicle.

The marijuana field test was positive for THC base and weighed approximately 7.8 grams. The driver was arrested without incident and charged with Possession of Marijuana, Fla. Statute 893.13(6)(b) and Possession of Paraphernalia, Fla. Statute 893.147. He was also issued two citations for Vehicle/Unsafe Condition.

Continue reading "Noisy Muffler Leads to Charges of Possession: Professional Representation Counts! No Conviction! " »