Simple Marijuana Possession
Simple marijuana possession offenses fall under a variety of federal and state statutes, including drug possession and possession with intent, for example. Marijuana possession is criminalized by virtue of its listing in “schedules” created at both the state and federal levels. Both federal and Florida law include heavy fines and severe criminal penalties, including possible mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, simple marijuana possession offenses by both federal and state authorities. His experience and knowledge serve as an invaluable asset to his clients.
Federal simple marijuana possession offenses are investigated and prosecuted by various agencies, including the FBI, DEA and the Department of Justice. Some common federal statutes criminalizing simple marijuana possession include:
21 USC Sec. 844 –
(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter. It shall be unlawful for any person knowingly or intentionally to possess any list I chemical obtained pursuant to or under authority of a registration issued to that person under section 823 of this title or section 958 of this title if that registration has been revoked or suspended, if that registration has expired, or if the registrant has ceased to do business in the manner contemplated by his registration.
Florida simple marijuana possession offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing simple marijuana possession include:
893.13 Prohibited acts; penalties.—
(6) (a) It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s.775.082, s.775.083 or s.775.084.
(b) If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, or 3 grams or less of a controlled substance described in s.893.03(1)(c)46.-50., the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.775.083. For the purposes of this subsection, “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture or preparation of such resin, and a controlled substance described in s.893.03(1)(c)46.-50. does not include the substance in a powdered form.
(c) Except as provided in this chapter, it is unlawful to possess in excess of 10 grams of any substance named or described in s.893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s.775.082, s.775.083 or s.775.084.
(d) Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person whom the officer has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis.
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