Public opinion toward marijuana usage has been shifting since Florida voters approved medical marijuana in 2016. Since then, you’ve likely seen local dispensaries popping up, or politicians campaigning on drug reform platforms. With growing federal and state initiatives to legalize or decriminalize marijuana, it is more important than ever to understand how the law treats possession, and to know what happens if you get caught with marijuana in St. Johns County.
Each state has different policies, ranging from legal recreational and medical use, to medical-only programs, to complete prohibition. In St. Johns County—and anywhere in Florida—being caught with marijuana may result in criminal charges depending on the amount involved, the circumstances, and whether there is evidence of intent to distribute. However, Florida does allow residents to legally obtain and use medical marijuana, under certain conditions.
Learning the distinction between medical and recreational marijuana is the first step toward understanding the legal nuances and consequences of marijuana possession.
Medical Marijuana vs. Recreational Marijuana
Medical Marijuana refers to cannabis that has been deemed legal for qualifying patients. To partake in Florida, adults (or minors with an approved adult caregiver) must apply for an official card through the Florida Department of Health’s Office of Medical Marijuana Use before purchasing and using legally authorized cannabis.
To qualify for a Medical Marijuana Card in Florida, you must:
- Be a Florida resident
- Be diagnosed with a qualifying condition (such as PTSD or cancer) by a certified physician
- Have the physician enter your information into the Medical Marijuana Use Registry
- Apply for a Registry Identification Card and pay the $77.75 state processing fee
Once you’ve obtained your card, you may only purchase medical marijuana from a state-approved treatment center.
Recreational Marijuana refers to cannabis possessed or used without authorization under Florida’s medical marijuana program. It is considered illicit regardless of amount.
What Should You Do If You Are Charged With Marijuana Possession?
If you are arrested or charged with marijuana possession in St. Johns County, there are several important steps to take:
- Do not discuss the case with law enforcement without an attorney present
- Exercise your right to remain silent
- Do not consent to searches of your vehicle or home
If you are caught in possession of recreational marijuana, it is crucial to contact a drug offenses defense attorney as quickly as possible. At Mowrey Law Firm, our experienced attorneys can guide you through the process and maximize the chances of resolving your marijuana possession case with a favorable outcome.
Marijuana Possession Penalties in Florida
Penalties for marijuana possession in Florida depend on the amount involved and the charge level. Smaller amounts are typically considered a misdemeanor whereas larger amounts may result in a felony charge with significantly harsher penalties.
Possession of 20 grams or less (First-Degree Misdemeanor)
According to Florida Statute 893.13(6)(b), possessing 20 grams or less of cannabis is considered a first-degree misdemeanor. This classification usually applies to simple possession for personal use without evidence of distribution or trafficking.
Penalties may include:
- Up to 1 year in county jail
- Up to 1 year of probation
- Up to $1,000 in fines
A conviction may also result in a permanent criminal record.
Possession of more than 20 grams (Third-Degree Felony)
Possessing more than 20 grams of cannabis is typically charged as a third-degree felony. Additionally, Florida law makes it illegal to sell, manufacture, deliver or possess marijuana with the intent to sell or distribute.
Penalties may include:
- Up to 5 years in prison
- Up to 5 years of probation
- Up to $5,000 in fines
If law enforcement believes there was intent to distribute marijuana, more severe drug charges may apply.
Possible Defenses against Marijuana Charges
No matter what type of drug charges you are facing, having an experienced drug offenses defense attorney on your side is critical.
When evaluating your defense against a possession of marijuana charge, the attorneys at Mowrey Law will examine every detail of your case to determine the best course of action.
Some common defenses against marijuana charges include:
Illegal search or seizure
If law enforcement obtained evidence by violating your Fourth Amendment rights, the court may try to suppress that evidence.
Lack of knowledge
The prosecution must prove that the defendant knew the marijuana was present.
Constructive possession issues
If marijuana is found in a shared location, the state must prove the accused had control over the substance and knowledge of its presence.
Insufficient evidence
The state may not be able to prove that the substance was cannabis, that the amount exceeded a statutory threshold, or that the defendant actually possessed it.
Why You Need a Local Criminal Defense Attorney
If you are caught with marijuana in St. Johns County, speaking with an experienced criminal defense attorney can help you understand your legal rights and options.
Local experience goes beyond legal knowledge, it’s about relationships and understanding the system. Familiarity with local judges, prosecutors, and procedures can influence how your case is handled. A St. Johns County criminal defense attorney can offer tailored strategies that leverage both legal nuances and local courtroom experience to your benefit.
Contact Mowrey Law Firm Today
If you or a loved one has been charged with possession of marijuana, contact Mowrey Law Firm at 904-747-9505 for a free, confidential consultation with an experienced St. Johns County Criminal Defense Attorney. We’re available 24/7.
At Mowrey Law, we serve people when and where it matters most.