Will I Go To Jail for Possession of Marijuana in Florida?

It is possible. However, there are many different possible outcomes. Florida law classifies even simple possession of marijuana under 20 grams as a first-degree misdemeanor. The maximum punishment for a first-degree misdemeanor is one year in jail. If you are charged with 20 grams or more of marijuana, then the charge is a third-degree felony which is punishable by a maximum of five years in prison. Something else to consider is that a conviction for any drug offense will result in a two-year driver’s license suspension.

Of course, just because a crime is punishable by jail, does not mean that you will go to jail. First, it is important for your Florida attorney to look at how law enforcement obtained the marijuana from you. It is possible that the police unlawfully stopped, detained or searched you. If that is the case, then an experienced attorney will know how to get the evidence against you thrown out and the case dismissed.

Also, even if the case can’t be dismissed, an option is for your attorney to negotiate a plea deal if that is in your best interest. Depending on the case circumstances, and your prior record, that deal could involve simply paying a fine. In addition, if you have no prior convictions, then the attorney can also fight for pre-trial diversion which is another way to get your case dismissed.

It is also important for your attorney to try to convince the Judge to withhold adjudication so that you are not formally convicted of the offense and you don’t get hit with the license suspension.

To speak more about your marijuana charge or any other drug charge, please contact our Orlando office to consult with an experienced Florida drug offense attorney.