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 the 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.
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.
A first-degree misdemeanor is punishable by up to 1 year in county jail and/or 12 months of probation. Additionally, this 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.
Similar to any other drug offense, Adam Bantner will challenge every aspect of your cannabis 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!