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Brevard County Misdemeanor Possession of Marijuana Lawyer

Marijuana Possession Defense Attorney in Melbourne, FL

If arrested in Brevard County, FL for possession of marijuana (less than 20 grams), retaining an experienced criminal attorney at the earliest possible stage of your case is your first and best line of defense.

The attorneys at the Law Office of Richard G. Canina have well over three decades of experience defending against all types of marijuana related offenses.

Florida marijuana laws are some of the toughest laws in the country. The penalties imposed upon a conviction for marijuana possession can be severe.  Recently, there has been a growing, national trend toward the decriminalization/legalization of marijuana. Many states have passed laws legalizing the use of medical marijuana. A few states have even passed laws legalizing recreational marijuana use! Unfortunately, Florida has not yet caught up to the national trend. The Florida Legislature has been unable to pass any laws decriminalizing marijuana use, and a 2014 ballot amendment to legalize medical marijuana did not receive enough votes to pass (although the majority of Floridians voted to pass it). Simple possession of marijuana is still a seriously prosecuted misdemeanor criminal offense. In Florida, marijuana is classified as a Schedule I controlled substance under Chapter 893 of the Florida Statutes. This means that the drug has “a high potential for abuse and has no currently accepted medical use”.

Florida Law

Under Florida Law, it is a misdemeanor of the first degree for a person to be in actual or constructive possession of not more than 20 grams of marijuana/cannabis. A first degree misdemeanor is punishable by up to 1 year in the county jail, 1 year of probation, and/or a $1000 fine.

Collateral Consequences of a Conviction

In addition to the above, and if you are placed on probation, your probation terms may include fines, mandatory drug testing, attendance at counseling or 12 step programs, and a substance abuse evaluation. In addition, if convicted of this offense, the Florida Department of Motor Vehicles may suspend your driving privileges for a period of 1 year, and may not allow you to obtain a hardship (business purpose only) license for a period of six months. What this essentially means is that you must go six months with NO driving whatsoever. In addition, having a misdemeanor drug conviction may result in a loss of current employment and future employment opportunities.

Possible Ways to Avoid a Marijuana Conviction

It is important to note that simply being charged with possession of marijuana does not necessarily mean you will be convicted. There may be several other ways to resolve your case without a conviction including placement in a pretrial diversion program, successfully arguing a motion to suppress evidence, or by obtaining a withholding of adjudication. In addition, valid defenses may exist in your case! Cases involving marijuana and other drugs typically involve complex search and seizure issues under the Fourth Amendment. The way in which law enforcement came into contact with you, and the exact manner in which the drugs were recovered must always be looked at with great scrutiny. If our attorneys find evidence that the police violated your constitutional rights, we may be able to get your case dismissed altogether. Speak with our experienced defense attorneys to learn more about your options.

Law Office of Richard G. Canina | Marijuana Possession Attorneys

Being charged with Marijuana Possession in Brevard County is a serious matter. When searching for an attorney, EXPERIENCE MATTERS! With well over three decades of combined criminal defense experience, our attorneys fight vigorously to obtain the best result possible for each and every, single client.

The Law Office of Richard G. Canina proudly defends all residents of Brevard County including Melbourne, Palm Bay, Viera, Cocoa, Titusville, Rockledge, and the Beaches. We also serve neighboring Volusia County, Orange County, Seminole County, Osceola County, and Indian River County.

CONTACT the Law Office of Richard G. Canina today for a FREE CASE EVALUATION!

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(321) 728-0989
RichardGCanina@att.net

1901 S. Harbor City Blvd.
Suite 804
Melbourne, Florida 32901

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