Marijuana Defense Lawyer in Miami, Florida

There are many kinds of marijuana charges you may face, from state and federal to misdemeanors and felonies – and under all circumstances, you will need a criminal defense lawyer you can trust.

The Law Offices of Ama-Mariya Hoffenden regularly fights for clients who are charged with cannabis offenses, and we know what defense strategies work. We take great pride in defending your rights as a marijuana defense attorney service that values fairness.

As your Miami defense attorneys, we will defend your rights vigorously and aggressively.

What is Cannabis or Marijuana?

Cannabis, or marijuana, is a plant in the Cannabacae family that is typically used as a recreational drug. The flowers of the plant are dried and ingested in different ways, though the most common form of use is smoking.

Recreational use of marijuana is prohibited in Florida, though a constitutional amendment did allow for the medical use of the drug. There are, therefore, multiple marijuana-related crimes that someone may be charged with.

What Types of Cannabis Crimes Do We Handle?

We handle all types of marijuana/cannabis crimes. Whether you are falsely accused of a crime or you believe the charges are wrong, we will defend your rights, and provide aggressive defense to ensure the best possible outcome in court.

The kinds of crimes we handle include: 

• Distribution or selling of marijuana
  
• Drug trafficking
• Possession of cannabis or related paraphernalia
• Possession
• Possession with intent to distribute
• Growing or manufacturing marijuana
• Knowing/conspiracy to commit any marijuana crime

Why Do You Need a Marijuana Defense Attorney?

A marijuana attorney in Florida is in no way an unnecessary expense. If you have been charged with a marijuana-related crime, you could be facing very serious criminal charges. Prison sentences not only take away your freedom, but other sentences have a serious effect on your life – from making it difficult to find and maintain employment, to making you ineligible for a wide range of government programs.

A marijuana charge can have a serious impact on your life, and a good attorney knows how to minimize charges and sentencing, how to get your charges dropped completely if you were falsely accused, and how to negotiate a pre-trial intervention program.

What Are the Penalties for Cannabis Crimes in Florida?

Florida’s marijuana laws are designed to impose strict sentences and penalties for those who sell, distribute, or possess cannabis.

If you have been charged under Florida marijuana laws, it is important to understand just how severe the penalties can be. As your defense lawyer, we will work to minimize the sentence you receive, but you should know what sentences are on the table for the following kinds of crimes.

Penalties for Possession of Marijuana

Under Florida Statutes Section 893.13, it is prohibited for anyone in Florida to manufacture, sell, or deliver a controlled substance, including cannabis/marijuana.

Actual possession of marijuana refers to having cannabis on your person. It means that the substance is in your pocket, hands, purse, or car. Constructive possession of marijuana may refer to the substance being kept in a locked box in your home.

You will face a first-degree misdemeanor charge in Florida if you possess up to 20 grams of the substance. You may be sentenced to:

• A fine of up to $1,000
  
• Up to 12 months in jail

You’ll face a third-degree felony in Florida if you possess over 21 grams. You may be sentenced to:

• A fine of up to $5,000
  
• Up to 5 years imprisonment
• Penalties for Cannabis Trafficking
  

Penalties for Cultivating Marijuana and Cannabis Trafficking

Cultivating marijuana is a crime in Florida, and you could be charged under this section of the law if you were the dweller or resident of a house where marijuana is grown or you are the proprietor of the operation.  

In the state of Florida, cultivating marijuana is a third-degree felony, and you may be sentenced to:

• A fine of up to $5,000
  
• Up to 5 years in prison

You may also be guilty of cultivation of cannabis if you rented or sold property knowing that the following crimes may be committed within it:

• Sale of cannabis
  
• Manufacturing/cultivation of cannabis
• Marijuana trafficking
  

If you dwell in a grow house and you are aware of the manufacturing, sale, or trafficking of the drug, you may be guilty of a second-degree felony. You may be sentenced to:

• A fine of up to $10,000
  
• Up to 30 years in prison

Finally, if you are a resident of a grow house as described in the last section and there is also a minor present, you are guilty of a first-degree felony. You may be sentenced to:

• A fine of up to $10,000
  
• Up to 30 years in prison

Given these long sentences, it’s important you contact a marijuana trafficking defense lawyer to establish a strong defense if you are charged with any of these crimes.

Medical Marijuana Law in Florida

In 2016, Florida slightly loosened its marijuana laws. Amendment 2 allowed for the use of marijuana for medical purposes. The legislation was then expanded in 2019. Unlike the previous legislation that only allowed for the use of THC concentrates, the new law allowed for the use of the marijuana flower and made it legal to smoke cannabis. 

A medical marijuana lawyer can help you stay within the realms of MMI law. Even if you have a medical card, it’s not impossible that you may be arrested for possessing marijuana. Even if you are in full compliance with marijuana licensing and medical possession laws, you could face serious legal trouble. That is where our services are extremely useful.

The Law Offices of Ama-Mariya Hoffenden, PLLC will work to ensure that you are cleared in the event of a wrongful arrest relating to medical marijuana.