Will I Receive Jail Time For Marijuana I Grew For My Personal Use Only?


How much was in your possession? This is the critical question that will be the key factor in your case. Laws regarding penalties for the cultivation of marijuana are based on the total amount that is found in your possession. Individuals found to have 300 or more marijuana plants will be looking at a first-degree felony offense. That type of conviction could result in a 3-year state prison sentence as well as a fine of $25,000. The evidence will be taken and law enforcement agents will seek to prove that you grew 300 plants or more, which would result in a first-degree felony. A first-degree felony is a very serious charge that will result in serious problems for an individual if they are convicted. This type of conviction will have a potentially negative impact on many areas of the individual’s life in the future. Legal counsel is always a good idea no matter what the charge, but for a first-degree felony charge it is incredibly important for the individual to seek legal counsel as soon as possible.

Prescription Drug Charges: Avoiding Conviction

Prescription drug abuse has been steadily on the rise and as such state lawmakers have moved to enact harsher penalties on individuals who use prescription drugs illegally, or seek to sell them illegally. In many cases the result will be a felony with severe penalties that may include multiple years in state prison. If you find yourself in this serious situation, facing a prescription drug charge, your best and first action should be to find an experienced attorney who is well seasoned in this area of the law, an attorney who has a track record of success. A conviction is a serious issue that could bring prison time and ruin lives and futures. Contact our team of skilled attorneys and we will get to work building your defense right away.

Are The Drug Laws In Florida The Same As Other States?

The existing drug laws in Florida share similarities with drug laws in other states, but there are ways they differ as well. There are some federal drug laws that apply to all states. However, in addition to the mandated federal laws that every state must follow, Florida has its own particular state laws as well. And Florida’s drug laws are often in flux, meaning the law that you thought you understood might have already changed. These are complex issues and often difficult to navigate as there are variables, and changes, and mitigating circumstances, etc. When we meet with you we will learn all the facts of your case and all the important circumstances that could affect your case. And the sooner we meet, the sooner we can get started working for you, fighting for you.

In Florida, Are Drug Charges Classified As State Or Federal Crimes?

Drug charges are classified as state crimes in Florida, in most cases. However, in certain situations, depending on the particular circumstances of an individual’s arrest, law enforcement may classify a crime as a federal crime. Those individuals who are arrested in possession of a significant amount of illegal narcotics may very likely be charged with a federal crime, which carries severe penalties.

Whether your case is classified as a state or federal crime, either way you should seek the counsel of an experienced attorney as soon as you possibly can immediately following your arrest. Convictions can result in costly fines and years of prison time therefore it is important to seek counsel as soon as you can.

Trafficking, Distribution, Possession: The Differences

Florida drug charges are divided into three major categories, as follows:

Drug Possession

Possession of small amounts of illegal drugs that are specifically for personal use

Drug Distribution

Sale of any illegal drugs

Drug Trafficking

Possession or sale of large quantities of any type of illegal drug

Penalties vary greatly depending on the kind and quantity of the illegal drug. Additionally, an individual’s prior conviction record in general, and especially as it relates to similar charges will impact the penalties handed down by the court. Talk to an attorney as soon as possible after your arrest.

Florida Law: Is Marijuana Legal In The State?

A new amendment to Florida’s constitution was approved in 2016 that legalized marijuana specifically for medical purposes. However, marijuana is still illegal for most people in the state of Florida. And with recent changes, the legal landscape is perhaps even more challenging to navigate. Therefore, it is important to consult with an experienced attorney who knows the law, if you are charged with a marijuana-related offense in the state of Florida.

Will I Have To Serve Time If Convicted Of A Drug Charge?

You may have to serve time for a drug charge conviction in the state of Florida, but every case is different so it is not possible to say yes, or no, until the case is built and presented. There are some drug convictions in Florida that require mandatory minimum prison sentences, and some that do not. Often it depends upon the amount of the drug you were in possession of when arrested and the type of drug it was, there are many variables that will be factored into the final outcome.

If I Enter A Drug Rehabilitation Program, Can I Avoid Going To Jail?

There are certainly cases that come before the court in which the defendant is allowed to avoid jail by entering a rehab program, but every case is unique. You should never assume that your charges would be dismissed by the court. Often, an appearance before the judge, in court, is necessary, and if you are required to appear you will need to demonstrate to the court that you are being proactive and addressing your addiction and related issues as well. It will be up to the judge or prosecutor to approve your request to enroll in a certified drug treatment facility in lieu of jail time. An experienced attorney will have a complete understanding of the Florida legal system and all the options that are available to you, and will also have solid working relationships with most judges and prosecutors.

Is It Possible To Appeal A Drug Charge Conviction In The State Of Florida?

Yes, it is possible to appeal a drug charge conviction in the state of Florida, and you should always appeal if you have the legal grounds to do so—even if your charges are fairly minor. Any criminal record, no matter how small, can negatively impact your ability to gain employment and can affect many critical legal issues in your future.

Who Makes The Decisions Regarding Appeals For Drug Convictions In The State Of Florida?

In Florida, there is a specific panel of appellate judges who will make the decisions regarding an appeal of a drug conviction. And there are many reasons why a judge might choose to grant an appeal for a drug conviction, such as any of the following:

  • An Illegal Search Was Made By The Police
  • An Arrest Made Without Probable Cause
  • Civil Rights Were Violated
  • Law Enforcement Officer(s) Made Illegal Promises
  • Law Enforcement Officer(s) Coerced An Individual To Admit To Things They Did Not Do
  • Physical Evidence Was Improperly Stored

The list of reasons why a drug charge could be dismissed on appeal is a long one, and more than likely our attorneys have dealt with most of the reasons. Let our experience in the specific legal area of drug charges work for you. We will fight for your rights and work to get you the best options available, always.

For more information on Marijuana Grown For Personal Use In FL, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (877) 315-5107 today.

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