Even though many states have legalized marijuana possession, it is still considered illegal by the federal government. Medical marijuana is allowed in Florida, but recreational marijuana is not and anyone possessing marijuana without a medical card can be arrested and subject to criminal penalties. In some instances, marijuana possession can even be charged as a felony which may result in serious and lifelong consequences. When you are found to be in possession of marijuana in Florida, the State will determine whether to file the charges based on simple possession, sale/purchase delivery and/or trafficking. It will depend on a number of factors whether the case is charged as a felony. These factors include, but are not limited to, the amount of marijuana the individual had on his person at the time, whether they were trying to sell it, and a number of other factors. In most instances, simple possession of marijuana, a misdemeanor in Florida does not even get you arrested. Additionally, Miami-Dade County is likely to dismiss the charge for first-time offenders after 90 days and/or issue a fine. Some counties and municipalities have decriminalized possession of small amounts of marijuana. This means that you may be issued a civil citation instead. Also, it is important to note that for any conviction of marijuana in Florida, there is a two-year driver’s license suspension that must be ordered by a judge. The maximum penalty for a marijuana crime will depend on how you are charged. Additionally, there are several enhancements that can add more time to a potential sentence such as manufacturing or selling within a 1000 feet of a school. If you have been charged with a marijuana crime, you have the right to defend yourself in court. Our team of experienced attorneys are available to assist you and protect your rights and to get you the best possible outcome on your case.