Marijuana Possession

Marijuana Possession

West Palm Beach Marijuana Possession Attorney David W. Olson


While marijuana is legal for medical or even personal use in other states, it is illegal to possess any amount in Florida. A conviction for possessing even the tiniest amount of marijuana can potentially result in jail, fines, driver’s license suspension and other court sanctions. If you were arrested for possession of marijuana, it is advisable to hire an experienced marijuana and drug offense lawyer as soon as possible. Attorney David W. Olson has 33 years of experience representing juvenile and adult clients charged with marijuana possession and other drug charges.


Florida Marijuana Statute


Florida Statute 893.03 follows the aged federal guidelines and classifies marijuana as a Schedule 1 illegal drug. As far as the statute is concerned, marijuana is scheduled in the same category as heroin and other dangerous drugs. The statute states that marijuana


  1. “…has a high potential for abuse…” and,
  2. “…has no currently accepted medical use…” (Of course, countless patients in medical marijuana states applaud its benefits, including for cancer pain, glaucoma treatment, Parkinson’s disease, epileptic seizures, digestive disorders and more).


Possession of Less Than 20 Grams of Marijuana


A conviction for possession of less than 20 grams of cannabis can potentially result in the following:

  • First degree misdemeanor offense
  • Jail – up to one year
  • Fines – up to $1,000
  • Driver’s license suspension – up to two years
  • Criminal record


Possession of More than 20 Grams of Marijuana


If an individual is convicted of possessing more than 20 grams of marijuana, this can potentially result in:


  • Third degree felony offense
  • Prison – up to five years
  • Fines – up to $5,000
  • Driver’s license suspension – two years
  • Criminal record


Possession of Marijuana Plants


A conviction for possession of marijuana plants can potentially result in harsh penalties, including, but not limited to:

  • Less than 25 plants – 5 years prison, $5,000 fine, 2 year driver’s license suspension, criminal record
  • 25 or more plants – 15 years prison, $10,000 fine, 2 year driver’s license suspension, criminal record


Additional Possible Consequences Resulting from a Drug Conviction in Florida


Unfortunately, a drug conviction may also potentially result in other serious consequences. A few possible examples include:


  • Employment difficulties – many private and government employers will not hire drug offenders
  • Professional licensure – a conviction often leads to loss of state, federal and/or local licensure
  • Housing limitations – strict public housing ordinances may prohibit drug offenders from renting or buying property; additionally, many institutions will not loan money to drug offenders
  • Firearm prohibition – potential lifetime ban
  • Education – financial aid, loans, scholarships and other opportunities may be refused
  • Many others consequences result from felony drug convictions – ask your attorney


How an Experienced Marijuana Possession Attorney Can Help You


An arrest for possession of marijuana is not a conviction. The prosecution has to prove that you are guilty of the offense. Depending on the circumstances of your case, your attorney may choose to challenge the validity of your arrest and/or various aspects of your case. He may examine the following issues:


  • Were any of your Constitutional rights violated?
  • Was the search legal to begin with?
  • Was the arrest lawful in all ways?
  • Did the arresting officer actually have probable cause?
  • Was proper procedure followed at all times in your case?
  • Were you actually in possession of an alleged illegal substance?
  • Was the evidence properly procured, handled and secured?
  • Were there witnesses whose testimony can aid in your defense?


The Law Offices of David W. Olson – Representing Clients with Marijuana and All Drug Charges


Attorney Olson has successfully represented thousands of clients charged with drug and other misdemeanor and felony offenses during his 33 years of practice. In many instances Attorney Olson has been able to get the prosecution to entirely drop the charge if it’s misdemeanor marijuana possession only. In fact, Attorney Olson will always strive for a dismissal of charges whenever possible.


David Olson is a devoted criminal defense lawyer who will do everything lawfully and ethically possible to help you successfully resolve your legal matter. He will always seek the most efficacious and positive result for you. He is here to serve his clients in their time of great need.  Attorney Olson represents clients in West Palm Beach, Palm Beach County, Fort Lauderdale, Miami, South Florida and throughout the state. For a complimentary and confidential case review, call The Law Offices of David W. Olson at 561-833-8866.




Florida Statutes, Chapter 893, (2014)