If marijuana or any other drugs are found in your car and you are arrested, you need an attorney. Whether or not you owned those drugs. Whether you knew of them being present or not. The accusation has been made. The arrest has been made. Now, the critical part is defending yourself. In order to prove possession in Florida, the state need only prove that the item existed within your dominion and control and that that item was, in fact, an illegal substance or drug. Knowledge can be imputed in different ways. For example, if it’s your car, registered in your name, and you’re the sole occupant, they’re going to try and establish that you knew that that drug was in the car and, more importantly, that it was within your dominion and control, which is the legal standard that deals with it. Possession is just that, it’s not ownership. If you’ve been accused of a possession crime, please hire a lawyer.
Will you be arrested?
Presently, you can’t possess or carry any marijuana without being arrested. Now, that being said, in misdemeanor cases, the law enforcement officer that comes into contact with you does have the authority to issue you a notice to appear which is like an arrest. In other words, they can give you a citation and you sign it promising to come to court. If I’m being hyper technical, an arrest doesn’t have to be made in Florida on a misdemeanor possession charge but often times they do make an arrest. Long story short, you can’t possess any marijuana in Florida at the present time and you could be arrested if it’s 20 grams or less or you could be issued a notice to appear.
What constitutes a felony marijuana charge?
In Florida, marijuana charges become felonies when you have more than 20 grams, so it’s not a lot. The weight is going to be predicated upon the actual weight of the marijuana. I say that because sometimes the weights are done on the side of the road. There’s been a traffic stop let’s say, law enforcement comes into contact with you, they seize marijuana and they weigh it in a baggie or they might weigh it in some other container. The weight has to be the actual weight of the marijuana. Anything that’s over 20 grams is considered a felony in Florida.