Misdemeanor Possession of Marijuana
Our attorneys are active members of the NORML Legal Committee and fight aggressively against marijuana charges.
Contact Us
Free Case Evaluation

Misdemeanor Marijuana Possession

The Law Offices of Germain & McCarthy, LLC are experienced in criminal defense in Melbourne, Florida. Our criminal defense attorneys are knowledgeable in legally representing clients for misdemeanor marijuana charges. As with any drug-related offense, alleged offenders run the risk of negatively affecting their employment status, military, or academic status; prohibition from attending your child’s school or recreational activities; ineligibility to have your record sealed; and if convicted a mandatory two (2) year Driver’s License suspension.

Melbourne Misdemeanor Marijuana Defense Attorney

Consider hiring the Melbourne marijuana defense attorneys with The Law Offices of Germain & McCarthy, LLC, for skilled and knowledgeable legal representation.

In the State of Florida, it is a crime to possess any amount of Cannabis (marijuana). Contingent on the quantity of marijuana possessed, individuals could be charged with a misdemeanor for:

  • Possession of less than 20 grams is a First Degree Misdemeanor

Misdemeanor Possession of Marijuana Information Center


Back to top

Possession of Marijuana / Cannabis Less than 20 grams

  • First Degree Misdemeanor
  • Punishable by a $1,000 fine
  • Up to 12 months county imprisonment
  • 2 year Driver’s License Suspension

Back to top

Delivery of Marijuana / Cannabis Less than 20 grams (non-monetary exchange)

  • First Degree Misdemeanor
  • Punishable by a $1,000 fine
  • Up to 12 months county imprisonment
  • 2 year Driver’s License Suspension

Back to top

Possession of Drug Paraphernalia (including bongs, roach clips, marijuana pipes, grinders, etc.)

  • First Degree Misdemeanor
  • Punishable by a $1,000 fine
  • Up to 12 months in the county imprisonment

Back to top

Actual Possession

To institute that an individual actually possessed marijuana, prosecutors must prove that marijuana was uncovered on the alleged offender. For instance, if Cannabis (marijuana) was uncovered from your pockets, the convicting prosecutor would have a case of actual possession of marijuana.

Constructive Possession

Constructive possession is instituted if Cannabis (marijuana) is uncovered from a location where multiple people have access. In these circumstances, the convicting prosecutor will have a complicated time establishing that you possessed the marijuana. Florida law obligates prosecutors to comply with the law of constructive possession.

Constructive possession law obligates the prosecutor to prove distinct fundamentals prior to a conviction:

  1. Awareness of the marijuana's presence;
  2. Familiarity that the substance was marijuana; and
  3. Territorial control over the marijuana.

Back to top

Driver's License Suspension

Finally, regardless of whether you are charged with a misdemeanor or a felony, your Florida driver's license will be suspended for two years if you are adjudicated guilty by the court.


Back to top

Defenses to Marijuana Possession

The Law Offices of Germain & McCarthy, LLC provide two separate primary defenses strategies for our clients. Our attorneys challenge misdemeanor marijuana cases with basis of illegal search and seizure or insufficient supporting evidence.


Back to top

The Law Offices of Germain & McCarthy, LLC | First Time Marijuana Arrest in Brevard County

Our experienced Brevard County marijuana defense attorneys with The Law Offices of Germain & McCarthy, LLC can effectively defend clients accused of marijuana charges. Our attorneys understand that any drug possession accusation can be damaging to your reputation. We will utilize our competent knowledge of Florida’s drug laws to represent you. Contact us by calling (321) 253-3447 or submit your information in our online form. The Law Offices of Germain & McCarthy, LLC defends clients for Misdemeanor Marijuana charges in Brevard County, Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

Free Case Evaluation
Our Office Location
Law Offices of Germain & McCarthy, LLC
2715 North Harbor City Blvd, Ste 4 Melbourne, FL 32935
Notable Achievements
Avvo Superb - Top Attorney Criminal Defense
Avvo Client's Choice
The National Trial Lawyers
10 Best 2015
NORML
Recent Blog Posts
The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us, however, does not create an attorney-client relationship. Please do not send any confidential information to us until after an attorney-client relationship has been established.
facebook Twitter Google+