Possession of Marijuana

Though 18 states and Washington D.C. have legalized marijuana for medical use, or even recreational use as in Colorado, marijuana remains an illegal controlled substance in Florida. Also known as cannabis, pot, weed, ganja, chronic, Mary Jane, hydro, or reefer, marijuana is a Schedule I substance under Fla. Stat. § 893.03(1)(c) of the Florida Drug Abuse Prevention and Control Act. This means that even if you were authorized in another state to use marijuana for a medical purpose, or for recreational use, you are no longer authorized to do so once you cross Florida borders.

In 2009, there were nearly 24,000 reported cases of marijuana usage, with the largest age group for reported usage being the 12-17 demographic. To this day, marijuana is still the most commonly used illicit drug in Florida, despite the fact that an arrest for marijuana possession can come with serious penalties. To begin building your defense against your Hernando County marijuana possession arrest and charges, contact an experienced Spring Hill marijuana crime defense lawyer.

Brooksville Possession of Marijuana Defense Lawyer

Even if it is your first arrest, marijuana possession is a serious charge that could land you with a criminal record that will most likely affect your future in some way. If you have been arrested and charged with possession of marijuana in or around Hernando County, Citrus County, or Sumter County,  and are considering an experienced criminal defense attorney as a part of your strategy, it is best to contact him as soon as possible after your arrest.

Ashley Aulls is an experienced and knowledgeable marijuana crime defense lawyer in Brooksville who understands the weight of the charges against you and therefore maintains close communications with all of his clients. With a family history of successful legal professionals, Ashley Aulls knows what it takes to win a marijuana case as well as how to treat a client with compassion and respect. He founded The Law Office of Ashley Aulls, P.A. with the intent to not only fight for a client’s rights in the Florida criminal process, but to educate that client step-by-step on what is going on with his or her case.

To find out what The Law Office of Ashley Aulls, P.A. can do for your marijuana possession case in Spring Hill or the surrounding areas, call (352) 593-4115 today to schedule your initial case consultation.

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Florida Definition of Possession of Marijuana

As with all illicit and controlled substances in Florida, marijuana is governed by Chapter 893 of the Florida Statutes, which is also known as of the Florida Drug Abuse Prevention and Control Act. The statute that deals specifically with marijuana, or “cannabis” as it is known in the law, is Fla. Stat. § 893.13(6), which makes it unlawful for any person to be in actual or constructive possession of a controlled substance without a prescription. A prescription for marijuana cannot be obtained since medical marijuana is not legal in Florida, nor will an out-of-state prescription for medical marijuana be honored.

Fla. Stat. § 893.13(6)(b) deals specifically with the misdemeanor possession of marijuana, and states that it is a first-degree misdemeanor to have actual or constructive possession of up to 20 grams of cannabis. Actual possession is having direct control over the pot, as in having it in your hand, pockets, or purse. Constructive possession is when you have the ability and intent to take actual control of the cannabis, and know that it is an illicit substance.  For the purposes of this section, marijuana is considered to be any part of the plant, with the exception of the resin or any compound manufacture, salt, derivative, mixture, or preparation of such resin.

Misdemeanor marijuana possession is essentially an exception to Fla. Stat. § 893.13(6)(a), which makes possession of all controlled substances without a prescription a third-degree felony. When you are found to be in possession of 20 grams or more of marijuana up to 25 pounds, governance reverts back to the original rule in § 893.13(6)(a) and becomes felony possession of marijuana. Per Fla. Stat. § 893.135, possession of 25 pounds or more of marijuana is a trafficking offense, which is also a felony. Both misdemeanor and felony marijuana charges can have a serious impact on your future, so contacting an experienced Hernando County marijuana defense attorney as soon as possible after your arrest is highly recommended.

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Penalties for Possession of Marijuana in Florida

What penalties come with a conviction for marijuana possession in Hernando County or the surrounding areas in Florida depend on whether your possession was a misdemeanor or felony offense. All possession of marijuana convictions include a two-year driver’s license suspension per  Fla. Stat. § 322.055. Penalties for marijuana possession in Brooksville, Spring Hill, Brookridge, North Weeki Wachee, and other Florida areas in Hernando County also include the following:

Misdemeanor Possession of Marijuana

  • Up to one year in jail and/or
  • Up to $1,000 fine

Felony Possession of Marijuana

  • Up to five years in prison and/or
  • Up to $5,000 fine

First-degree misdemeanors must be reported on most Florida job applications. For a felony conviction, you may also have to register with and be photographed and fingerprinted by the sheriff of Hernando County, Citrus County, Sumter County, or the county you reside in. Additionally, you could also face the inability to pursue certain educational and professional opportunities, restrictions on government aid, and restrictions on civil rights like the right to run for office or own a gun. An experienced Brooksville marijuana lawyer can fight to protect your future from such sanctions throughout Hernando County and the surrounding areas.

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The Law Office of Ashley Aulls, P.A. | Marijuana Possession Defense Attorney in Hernando County

If you have been charged with possession of Marijuana in Spring Hill, Brooksville, North Weeki Wachee, Homosassa Springs, Floral City, Wildwood, Lake Panasoffkee, or the surrounding areas in Hernando, Citrus, or Sumter County, contact experienced marijuana defense attorney Ashley Aulls to begin your defense immediately. At The Law Office of Ashley Aulls, P.A., the client is just as important as the case. To schedule your consultation with The Law Office of Ashley Aulls, P.A., call (352) 593-4115 today.