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Felony Possession of Marijuana

Marijuana is the most commonly used drug in the United States and is commonly referred to as bud, pot, weed, ganja or reefer. Although recent efforts to decriminalize the use of medical marijuana in Florida with the proposal of HJR 1407 have failed, the proposal of the bill has opened the discussion regarding the legalization of marijuana in Florida.

In the state of Florida, the possession of marijuana can be a serious offense. Depending on the amount of marijuana in possession, an individual can face lengthy prison terms and/or expensive fines if they are convicted.

Gainesville Felony Possession of Marijuana Lawyer

Call the Galigani Law Firm today for a free consultation at (352) 375-0812 or send an online message about your alleged felony possession of marijuana offense. A felony possession of marijuana charge can negatively affect many areas of an individual’s life. Dean Galigani is a criminal defense attorney who is experienced with fighting Florida’s tough marijuana laws. If you have been charged with felony possession of marijuana in Gainesville, or any of the surrounding areas of Florida, including Ocala, Alachua, and Lake City, contact the Galigani Law Firm.


Definition of Felony Possession of Marijuana Under Florida Law

An individual who is in actual or constructive possession of more than 20 grams of marijuana can be charged with felony possession of marijuana under Fla. Stat. § 893.13. Possession, under Florida law, can be constructive or actual.

Actual possession can mean the individual had the drug:

  • In their hand,
  • On their body,
  • In their clothing, and/or
  • Within in their immediate reach.

Constructive possession can mean an individual is able to:

  • Control the marijuana,
  • Take possession of the marijuana, and/or
  • They have knowledge that the marijuana is illegal.

Penalties of Felony Possession of Marijuana

A conviction for a felony possession of marijuana of more than 20 grams can result in a felony of the third degree, which is punishable by up to five years in a Florida state prison and/or a fine up to $5,000 under Fla. Stat. §893.13.

The state of Florida has some of the toughest drug laws in the country. Additional penalties to a conviction of a drug charge such as felony possession of marijuana an individual can face can include:

  • Two-year suspension of their driver’s license,
  • Denial of certain jobs, and/or
  • Restriction from certain government aid.

As a convicted felon in the state of Florida, an individual may be required to register with the sheriff of the county they reside in and be photographed and fingerprinted as stated in Fla. Stat. § 775.13. Additionally, a convicted felon in the United States can be restricted from voting, enlisting in the military, owning or possessing a firearm or holding public office.


Alachua County Drug Court

The Alachua County Drug Court Program is a supervision and treatment program for third degree, non-violent felony drug offenders. Upon successful completion of the program, a conviction may be avoided. This program contains pretrial diversion and post plea elements. Requirements of the program’s participants can include:

  • Substance abuse evaluation and treatment,
  • Intensive legal case management,
  • Regular and random drug tests, and/or
  • Weekly monitoring by the court.

Any adult with a substance abuse problem and a pending third-degree felony drug-related offense, who is not currently on probation and has no prior violent convictions, may be eligible for consideration to participate in the program.

Individuals who are approved by the Office of the State Attorney to participate in the pretrial diversion component of the program may be able to have their criminal charges dismissed upon successful completion of the program.

Individuals who participate in the Post Plea component of the program must plead guilty to the pending charges against them, and their case will possibly be closed without a jail sentence or probation upon successful completion of the program. If an individual is terminated from the program, reinstatement of the initial sentence to their offense is possible.

This program requires a weekly fee of $20.00 or $45.00 for individuals who transfer into the program from other jurisdictions. Community service can be substituted for this fee if an individual is unable to pay.


Galigani Law Firm | Felony Possession of Marijuana Attorney in Florida

The Galigani Law Firm represents individuals who have been charged with felony possession of marijuana throughout Florida, including Marion County and Levy County. Gainesville marijuana defense lawyer Dean Galigani will use his experience fighting felony marijuana possession offenses to the best of his ability to help you avoid the most serious consequences in your particular case. Contact the Galigani Law Firm today at (352) 375-0812 for a consultation about your alleged felony possession of marijuana offense.