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Simple Possession of Marijuana

As of 2009, marijuana was the most commonly used drug in Florida with almost 24,000 reported cases of usage.  The largest age group of the reported usage was the 12 – 17 demographic making up more than half of the of the total usage percentage. Marijuana is also considered the most frequently used drug in the world.

Marijuana is most commonly introduced into the body by smoking it in a pipe or by rolling it into a joint. A joint is usually rolled with cigarette papers or the casing of a hollowed-out cigar. Additionally, marijuana can be introduced into the body by eating it baked into cookies or brownies or by drinking it in tea form.

Although it has been legalized for medicinal purposes in 16 other states, including Washington D.C., marijuana is still an illegal drug in the state of Florida and the use or possession of it can result in serious consequences for an individual. Although marijuana is typically viewed as a harmless drug, possession of marijuana can possibly result in a criminal record for an individual if they are convicted.

Marijuana, also known as cannabis, pot, weed, ganja, chronic, Mary Jane, hydro or reefer, is classified as a Schedule I drug under the Florida Comprehensive Drug Abuse Prevention and Control Act, which can be found in chapter 893 of Florida’s statutes. A Schedule I drug is considered to have a high potential for abuse and has no known medical purpose in the United States.

Gainesville Simple Possession of Marijuana Lawyer

If you have been charged with simple possession of marijuana in Gainesville, or any of the surrounding areas of Florida, including Ocala, Alachua, and Lake City, contact the Galigani Law Firm. Gainesville criminal defense attorney Dean Galigani is experienced in defending individuals against Florida’s tough marijuana laws. Call the Galigani Law Firm for a free consultation at (352) 375-0812 today.


Definition of Simple Possession of Marijuana Under Florida Law

According to Fla. Stat. § 893.13, an individual who is in possession of less than 20 grams of marijuana can be charged with a simple possession of marijuana offense. An individual can also be charged with simple possession if they possess any part of the plant, such as a seed or leaf. This does not include the resin of the marijuana plant or anything that can be created from the resin.

Under Florida law, possession can be either actual or constructive, and it is an essential element to a marijuana possession charge.

Actual possession can mean the individual had the marijuana in their hand, on their body, in their clothing or within their immediate reach.

Constructive possession can mean an individual is able to take control of the marijuana, has the intent to take actual possession of the marijuana and has the knowledge that the marijuana is in their presence.


Penalties for Simple Possession of Marijuana in Gainesville

A simple possession of marijuana conviction can result in a misdemeanor of the first degree as stated in Fla. Stat. § 893.13. A misdemeanor of the first degree is punishable by up to one year in jail and/or a fine of $1,000.

Additional consequences an individual can face if they are convicted of simple possession of marijuana in the state of Florida can include the suspension of their driver’s license for two years with the inability to obtain a work-related or provisional license in the first year, difficulty obtaining certain jobs and/or restricted access to certain forms of government aid.


Galigani Law Firm | Simple Possession of Marijuana Defense Attorney in Florida

A conviction of simple possession of marijuana is a serious offense in the state of Florida. Criminal defense lawyer Dean Galigani will work on your behalf to achieve the best possible outcome regarding your simple possession of marijuana charge. Contact the Galigani Law Firm today at (352) 375-0812 for a consultation about your alleged simple possession of marijuana offense throughout Alachua County, Columbia County, Marion County, Baker County, Bradford County, Union County and Gilchrist County in Florida.