Will I Go to Jail for Possession of Less Than 20 Grams of Marijuana?

by | Apr 29, 2019 | Criminal Defense Attorney

First-Degree Misdemeanor Charges

In Florida, a first-degree misdemeanor charge is the one most likely to apply if you are caught with possession of fewer than 20 grams of cannabis. The penalties for this charge include probation, jail, and revocation of your driver’s license. It’s important to realize that many people overlook the importance of fighting back against a marijuana charge. Marijuana possession charges are highly defendable and a criminal defense attorney can help you to avoid conviction consequences. Section 893.13[6] of the Florida statutes outline that possession can be constructive or actual in nature.


Constructive possession refers to the controlled substance not being on the physical person but is instead in a place in which the defendant has control or has concealed it. This is different from actual possession in which the cannabis is in the hand of the person who has been accused or is so close to be within ready reach.

It is the responsibility of the prosecution to prove either constructive or actual possession of cannabis. This means that the prosecution must show that the defendant possessed a certain substance, constructive or actual, that the substance was cannabis of fewer than 20 grams, and that the defendant had knowledge of the presence of that cannabis. Furthermore, it’s important to remember that the state is not required to prove that the defendant knew about the listed or illegal nature of the substance possessed.

Supporting A Conviction

The knowledge that a substance was around is sufficient enough to support a conviction. It is also possible for two or more individuals to be in joint possession of a substance if the premises were found in an area that was occupied by multiple persons. This can prove especially problematic for a person who has been accused of marijuana possession who could now be facing criminal conviction consequences. Schedule a consultation with a Florida criminal defense attorney immediately if this applies to you- as you can see, there are a lot of things to think about in the wake of being accused.

Any amount of marijuana in your possession or allegedly in your possession is a serious matter and one that makes hiring a criminal defense lawyer of utmost importance.