Information on Cannabis Possession

Request a Consultation

One of the most common crimes committed in the State of Florida is Possession of Less Than 20 Grams of Cannabis. Most often, those charged with this crime possess the drug for personal use only. For first time offenders, even if the person charged is 100% guilty and without other defenses, this is the type of charge Hand holding marijuana leafsthe can still be dismissed through a pretrial diversion program. Cannabis attorney Adam L. Bantner, II will, of course, look to challenge the evidence and any search and seizure first but, if a win on the merits is not possible, he will still try to get your case dismissed after a successful diversion program completion.

Cannabis Possession – THE STATUTE (FLA. STAT. 893.13(6)(B)

Florida Statute 893.13(6)(b) states:

If the offense is the possession of 20 grams or less of cannabis, as defined in this chapter, or 3 grams or less of a controlled substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.-159., or 166.-173., the person commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s. 775.083. As used in this subsection, the term “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin, and a controlled substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.-159., or 166.-173. does not include the substance in a powdered form.

THE PENALTIES

A first-degree misdemeanor is punishable by up to 1 year in county jail and/or 12 months of probation. Additionally, this cannabis possession charge, if the defendant is adjudicated guilty, carries a 1-year driver’s license suspension. (Fla. Stat. 322.055). However, the Court may direct the Department of Highway Safety and Motor Vehicles to issues a business-purpose-only license. If the court refuses to do this, you can petition for a BPO after six months of the suspension.

HOW ADAM CAN HELP

Similar to any other drug offense, Adam Bantner will challenge every aspect of your cannabis possession charge. This includes analyzing whether any search and seizure was legal, whether probable cause for arrest existed, considering whether sufficient evidence exists to convict, challenging witnesses in court, and pursuing diversion options of trial is not a viable option. Call Adam today at 813.416.7965 for your free consultation!

Florida Bar

Adam Bantner – Criminal Defense Attorney at Law

If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.

Adam L. Bantner, II is a Board Certified Criminal Trial Attorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.

Request a Consultation


Valrico Law Group Mobile Criminal Defense Attorney
Personal Injury and Violent Crime

Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.

Our firm has been defending the accused since 2006 and is Past President of the Hillsborough County Association of Criminal Defense Attorneys.

We have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.

In addition, Adam is a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give us a call to see how we can help!

Adam approaches each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. His mission is to get the best possible result for every client, in every case, every time. Give us a call to see how we can assist you to get the best results in your case.We are here to help.