Naples Marijuana Possession Lawyer
The national and state conversations about marijuana possession have been changing for years. Unfortunately, law enforcement hasn’t always been quick to keep up. Nowadays, it’s unclear as to whether or not you should be charged for the possession of marijuana or similar substances. What’s more, law enforcement can still make mistakes when trying to hold you accountable for a crime you didn’t commit.
You don’t have to untangle the complexities of a marijuana possession charge on your own. Let the Law Office of Robert H. Hanaford go to bat for you instead. A Naples marijuana possession lawyer can protect your criminal record from undue charges and can work with you in order to make sure you’re represented to the best of our abilities.
Medical Marijuana and Misdemeanor Possession in Naples
As of 2016, Florida legalized the use of marijuana for medical purposes throughout the state. As such, parties with prescriptions for usage may not face criminal consequences for the possession of marijuana. This, however, does not mean that applicable parties won’t face criminal consequences for driving while under the influence or smoking in public.
Possession of 20 grams of marijuana or less in public constitutes a misdemeanor in Florida. The state offers parties charged with misdemeanor possession the option to pursue drug diversion programs as part of their recovery. However, charges of misdemeanor possession that go unchallenged in criminal court still make an impact on the accused’s criminal record.
Marijuana possession as a misdemeanor may see the alleged offender face up to one year of time in prison and up to $1,000 in fines.
What to Expect From Felony Marijuana Possession Charges
The additional consequences for marijuana possession vary depending on the amount of marijuana allegedly in the offender’s possession. Specifically:
- Possession of between 20 grams and 25 pounds merits five years in prison and fines of up to $5,000
- Possession of between 25 pounds and 2,000 pounds results in fines of up to $25,000. Time imprisoned can range between three and 15 years, with three years serving as the minimum mandatory sentence.
- Possession of between 2,000 and 10,000 pounds of marijuana sees the alleged offender serve at least seven years in prison, with sentences maxed at 30 years. Fines can cost the alleged offender up to $50,000.
Charges addressing the possession of marijuana in such vast quantities constitute felonies in the Sunshine State. If you want to avoid these increasing-severe consequences, you need to work with a drug possession attorney to contest these charges in criminal court.
Arguing Against Marijuana Possession Charges in Naples
A marijuana possession attorney in Naples can help you combat possession charges through a few different means. The most common defenses to use in the wake of marijuana possession charges include:
- Police officers didn’t have the right to pull you over or otherwise stop you at the time your arrest occurred
- The search of your person or property can be deemed unconstitutional
- The substance you had on you wasn’t marijuana
- You didn’t know that you were in possession or otherwise in control of marijuana at the time of your arrest
There is also a chance that you might participate in a relevant first-time offenders program. You may have the right to substitute a criminal charge for a six-month revocation of your license, community service, and time spent in anti-drug courses.
When to Reach Out to a Naples Marijuana Possession Lawyer
The sooner you’re able to reach out to an attorney in the wake of marijuana possession charges, the better off you may be. Our attorneys can intercede for you before law enforcement or other parties can misinterpret the arguments you’ve given in your defense. As such, consider making a criminal defense lawyer your first phone call after your interaction with police officers.
Remember, too, that you may invoke the right to remain silent when accused of possession by Floridian law enforcement. The less you say before you have an attorney on the scene, the harder it may be for police officers to hold you for your alleged possession.
How Does the 2022 Federal Pardon Impact Today’s Marijuana Charges?
Federal attitudes toward certain marijuana charges are changing today. As recently as October 2022, President Joe Biden announced that he intended to pardon any parties imprisoned due to charges of marijuana possession with future action to follow.
You can discuss how this move on the part of the federal government is set to impact the case brought against you or a loved one with your legal representation. It may see some of the charges against you dropped without legal intervention.
That said, do note that a federal pardon is not the same thing as an expungement. If you ever want to remove a marijuana possession charge from your criminal record, you need to pursue the expungement process made available by the applicable Floridian departments. You can discuss your next best steps with Naples’ marijuana possession attorneys.
Contact the Law Office of Robert H. Hanaford for Marijuana Possession Charges
The laws surrounding the possession of marijuana are constantly in flux. If you feel you’ve been wrongfully accused of possession or want to otherwise challenge the charges brought against you, you can do so with help from a Naples marijuana possession attorney with the Law Office of Robert H. Hanaford.
Reach out to the Law Office of Robert H. Hanaford and see how we can help you with potential criminal marijuana possession charges. You can learn more about our defense services by calling our office at (239) 315-9750 or filling out our online contact form.