Marijuana Cannabis Cocaine Defense
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WE DEFEND PEOPLE ACCUSED OF DRUG POSSESSION: Drug use is still a serious crime in Florida. Despite efforts to legalize marijuana no criminal laws have been repealed. The possession and transfer of drugs, such as cannabis, whether sold or freely given, are very serious drug crimes. Depending on the type of drug, the penalties for possession and transfer varies.
A note about cannabis, marijuana and cocaine...
Cannabis, also known as marijuana, offenses are particularly damaging because of the consequences that result when it attaches to your criminal record. Many people use marijuana and cocaine despite the war on drugs. Most people cannot afford a criminal record to affect their jobs (See criminal record expungement). The cannabis culture rationalizes that a plant that can grow natural all around us cannot be that harmful. That may be true, however the penalties for possessing marijuana or cocaine are harmful and it includes a 2-year drivers license suspension even if you were caught no where near a car.
Legal or illegal drugs - Florida Drug Laws
The federal government criminalizes specific acts involving substances it has labeled as "controlled." A controlled substance is a substance that has an addictive effect when used. They are broken down into five different schedules. Depending on which "schedule" a drug falls under will determine the severity of the penalty for the prohibited act.
As described above, substances are controlled or not controlled. If they are controlled they will be listed in a drug "schedule" that the federal government determines. The states, including Florida, adopt the "schedules" of substances that are to be controlled. If a drug is listed on a schedule of controlled substances a person will need a prescription to legally possess it. This is how marijuana in California is being legally possessed.
Constructive Possession of Marijuana
If you are arrested for drugs and the drugs were not physically on you the State will try to convict you of possession through a theory called "constructive possession." This happens most often with cannabis or marijuana in a car. The police stop the car for a traffic ticket and find the marijuana in the glove compartment or under the seat. If more than one person is in the car or the car belongs to someone else and no one admits to owning the marijuana the case is usually impossible to prove. Confessing to ownership may be noble but it can destroy most all trial defenses.
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