Defining Pot Laws in Florida

 

There is a popular push by people in several states to make the use of marijuana legal as a treatment for certain chronic and/or terminal conditions. Not quite as popular, but still present, is a push to legalize it completely for over the counter sale. At present, a few states have passed laws allowing doctors to prescribe for specific conditions and its sale under tight controls. Florida is not on this list. Therefore, before entering the state with pot, one should know the cannabis laws in Florida.

Marijuana related charges are progressive in severity and punitive sentencing. At the lowest level, possession of 20 grams or less is a misdemeanor. Possession of paraphernalia, such as pipes, bongs, etc. Is also a misdemeanor and can be added to the drug charge. Each carries a sentence of up to a year in jail and/or a thousand dollar fine. Delivery of less than 20 grams without receiving payment falls into this class as well.

Delivering more than 20 grams but less than 25 plants (pounds), selling any amount up to 25 plants (pounds), and possession of 20 grams to 25 plants (pounds) are all felonies. Each can be punished by a 5 year prison sentence and/or a 5000 dollar fine.

Growing or selling any amount of cannabis in close proximity to schools, parks, daycare centers, and other places where children are likely to gather can, and usually does, result in 15 years in prison and a 10,000 dollar fine. Possession of more than 24 plants (pounds) of marijuana carries the same penalty. Judges almost always hand out maximum sentences when schools and children are endangered.

One is considered to be trafficking in illegal substances if he/she grows or sells more than 25 pounds (plants). The state has established minimum mandatory sentences for any trafficking conviction. This means that judges have no latitude whatsoever in setting sentences. Even offenders who ultimately help authorities catch large traffickers will face the minimum sentences.

The minimum sentence for 25 plants up to 2000 plants (pounds)is 3 years in prison and up to a 25,000 dollar fine. 2000 to 10,000 plants (pounds) is punishable by not less than 7 years in prison and a 50,000 dollar fine. The minimum sentence possible for amounts of marijuana in excess of 10,000 plants (pounds) is 15 years in prison and a 200,000 dollar fine.

One will lose his/her driver’s license to suspension for a period of not less than 6 months nor more than 2 years if convicted of any drug related charge. This includes misdemeanor possession as well as the various felonies. This is in addition to any other punishments handed out by the court system for the various charges.

One can now obtain a prescription from a doctor for marijuana to treat certain conditions in a few states. Florida is not one of these states. Knowing the cannabis laws in Florida is is important to anyone considering carrying the drug into the state or growing it there. Anyone convicted of trafficking in pot will face certain minimum mandatory prison sentences and monetary fines. Judges have no leeway in sentencing these offenders.

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Published in: on January 5, 2012 at 7:03 pm  Comments Off on Defining Pot Laws in Florida  
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Defining Pot Laws in Florida

 

There is a popular push by people in several states to make the use of marijuana legal as a treatment for certain chronic and/or terminal conditions. Not quite as popular, but still present, is a push to legalize it completely for over the counter sale. At present, a few states have passed laws allowing doctors to prescribe for specific conditions and its sale under tight controls. Florida is not on this list. Therefore, before entering the state with pot, one should know the cannabis laws in Florida.

Marijuana related charges are progressive in severity and punitive sentencing. At the lowest level, possession of 20 grams or less is a misdemeanor. Possession of paraphernalia, such as pipes, bongs, etc. Is also a misdemeanor and can be added to the drug charge. Each carries a sentence of up to a year in jail and/or a thousand dollar fine. Delivery of less than 20 grams without receiving payment falls into this class as well.

Delivering more than 20 grams but less than 25 plants (pounds), selling any amount up to 25 plants (pounds), and possession of 20 grams to 25 plants (pounds) are all felonies. Each can be punished by a 5 year prison sentence and/or a 5000 dollar fine.

Growing or selling any amount of cannabis in close proximity to schools, parks, daycare centers, and other places where children are likely to gather can, and usually does, result in 15 years in prison and a 10,000 dollar fine. Possession of more than 24 plants (pounds) of marijuana carries the same penalty. Judges almost always hand out maximum sentences when schools and children are endangered.

One is considered to be trafficking in illegal substances if he/she grows or sells more than 25 pounds (plants). The state has established minimum mandatory sentences for any trafficking conviction. This means that judges have no latitude whatsoever in setting sentences. Even offenders who ultimately help authorities catch large traffickers will face the minimum sentences.

The minimum sentence for 25 plants up to 2000 plants (pounds)is 3 years in prison and up to a 25,000 dollar fine. 2000 to 10,000 plants (pounds) is punishable by not less than 7 years in prison and a 50,000 dollar fine. The minimum sentence possible for amounts of marijuana in excess of 10,000 plants (pounds) is 15 years in prison and a 200,000 dollar fine.

One will lose his/her driver’s license to suspension for a period of not less than 6 months nor more than 2 years if convicted of any drug related charge. This includes misdemeanor possession as well as the various felonies. This is in addition to any other punishments handed out by the court system for the various charges.

One can now obtain a prescription from a doctor for marijuana to treat certain conditions in a few states. Florida is not one of these states. Knowing the cannabis laws in Florida is is important to anyone considering carrying the drug into the state or growing it there. Anyone convicted of trafficking in pot will face certain minimum mandatory prison sentences and monetary fines. Judges have no leeway in sentencing these offenders.

Published in: on January 5, 2012 at 7:01 pm  Comments Off on Defining Pot Laws in Florida  
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Understanding the Marijuana Laws in Florida

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There is a growing movement in many states to legalize cannabis (marijuana) for prescription use to treat chronic pain and certain diseases such as cancer and glaucoma. There is a somewhat smaller movement to legalize its use as a recreational drug, equivalent to alcohol or tobacco. However, only a few states have gone so far as to allow its use by prescription only. Florida is not one of these states. It is, therefore, necessary for one to understand cannabis laws in Florida before taking any across the state line.

This state uses a progressive chart when determining the charge and the severity of the charge in both possession and sale or cultivation. Possession or delivery of less than twenty grams is a misdemeanor that carries a fine of up to 1000 USD and/or 1 year in jail. This assumes that one delivers a small quantity and does not get paid for it. Possession of paraphernalia (pipes, bongs, etc) is also a misdemeanor with the same penalties. This can be added the charges associated with the drug itself.

Any delivery of over twenty grams or sale of marijuana up to twenty five pounds is a felony. Possession of the substance in a quantity between twenty grams and twenty five pounds is a felony. At this level, the punishment goes up to 5 years in prison and/or up 5000 USD in fines.

Possession of greater than twenty four plants or any sale or cultivation of the plant within one thousand feet of a school, park, daycare, etc. Is punishable by fines up to 10,000 USD and a prison term up to 15 years. Judges tend to hand out the maximum sentence for operating near these locations.

Whenever one gets into growing or selling amounts over twenty five pounds, he/she is considered to be trafficking in an illegal substance. Any trafficking conviction will carry a minimum mandatory sentence, meaning that judges are given no leeway to be lenient.

From twenty five to two thousand pounds (or plants) is punishable by a minimum mandatory sentence of 3 years in prison and a fine up to 25,000 USD. The minimum sentence for two thousand to ten thousand pounds (or plants) is 7 years and a fine up to 50,000 USD. Anything over this carries a mandatory minimum sentence of 15 years and a fine up to 200,000 USD.

Any conviction of any charge relating to marijuana or drugs carries an automatic suspension of one’s driving privileges for a period of not less than 6 months nor over 2 years. This applies whether one is charged with a misdemeanor or a felony.

Several states have passed legislation that allows doctors to prescribe cannabis as treatment for certain chronic and/or terminal conditions. However, Florida is not on this list. Developing an understanding of cannabis laws in Florida means learning that this plant is still illegal and trafficking in it carries very stiff penalties. Those who are convicted of any trafficking related offense will face mandatory minimum sentences that do not provide judges with any leeway for leniency, even if the defendant cooperates with authorities. Jason@TrafficTicketTeam.com, www.TrafficTicketTeam.com, 954-967-9888

Published in: on January 5, 2012 at 6:54 pm  Comments Off on Understanding the Marijuana Laws in Florida  
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