punishment for having cbd oil without medical card

Possession of Marijuana in Florida

In Florida, cannabis is a Schedule I controlled substance and it is a crime to possess any amount of cannabis without a prescription.

Importantly, cannabis concentrates, such as cannabis resin, cannabis wax, cannabis oil, hashish oil, cannabis budder, and cannabis crumble do not fall under the legal definition of cannabis in Florida and are prosecuted as a separate felony crime.

Penalties for Marijuana Possession

The penalties for marijuana possession depend on whether you are charged with possession of less than twenty grams of marijuana, which is considered misdemeanor possession, or possession of twenty grams or more of marijuana, which is considered felony possession.

Penalties for Possession of less than 20 grams of Marijuana

In Florida, the crime of Possession of less than 20 grams of Cannabis is a First Degree Misdemeanor and punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.

A judge may sentence a person convicted of Possession of less than 20 grams of Cannabis to probation, but may also impose a sentence up to the statutory maximum of one year in jail.

Penalties for Possession of 20 grams or more of Marijuana

The crime of Possession of 20 grams or more of Cannabis is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.

Possession of 20 grams or more of Cannabis is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Possession of 20 grams or more of Cannabis to probation, but may also impose a sentence up to the statutory maximum of five years in prison.

Driver License Suspension

Pursuant to Florida Statute 322.055, any person convicted of Possession of Cannabis will have their driver’s license or driving privilege suspended for six months by the Florida DHSMV .

Defenses to Marijuana Possession

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific and common defenses to the crime of Possession of Marijuana are:

Cannabidiol (CBD)

Constructive Possession

If the cannabis was found in a place where more than one person had access, the prosecutor would have to comply with the law of constructive possession, which requires the prosecutor to prove the following two elements before you can be convicted of Possession of Marijuana: [2]

  1. Knowledge of the cannabis’ presence;
  2. Dominion and control over the cannabis.

Below are scenarios where it can be argued the prosecutor could not meet their burden of proving constructive Possession of Marijuana.

Illegal Search and Seizure

More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search. If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.

Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.

Lack of Knowledge

It is an affirmative defense to the crime of Possession of Marijuana if you can prove that you did not know the substance in your possession was cannabis. Importantly, this defense requires you to testify to your lack of knowledge of the substance’s illegal nature. [3]

Medical Necessity

The defense of medical necessity can be used when a person suffers from a physical illness or ailment for which there was no lawful medication available to properly treat the illness or ailment and cannabis was the only substance that could relieve the pain or suffering of the person. [4]

Overdose Defense

A person who is experiencing a drug-related overdose that needs medical assistance, or a person assisting the person that needs medical assistance, is immune from prosecution for Possession of Marijuana if it can be shown the evidence was obtained as a result of the overdose and need for medical assistance. [5]

Prescription Defense

While it seems obvious, many people are arrested for possession of cannabis when they are unable to produce a medical marijuana use registry identification card that was valid at the time of arrest. These arrests usually occur when law enforcement have stopped you for suspicious behavior and discover the cannabis stored in a suspicious manner or without any proof of a validly issued medical marijuana card from the State of Florida.

However, if you can produce a valid medical marijuana use registry identification card that was issued prior to your arrest, the charge will be dismissed. [6]

Temporary Possession

The defense of temporary possession can be raised where a person takes momentary, temporary, or transitory possession of cannabis from the true owner. Under such circumstances, the person is not considered to be in legal possession of the cannabis because the person never exercised complete dominion and control over the cannabis. [7]

Examples of temporary possession are when a person is handed cannabis by the true owner and asked to hide it during a police encounter, such as a traffic stop; or when holding cannabis in the presence of a drug dealer for the sole purpose of verifying or testing the cannabis prior to purchasing it; or when passing the cannabis from the owner to a third person.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been charged or arrested with the crime of Possession of Cannabis in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

Ohio Laws and Penalties

Possession of 100 – 200 grams is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $250.

Possession of 200 – 1,000 grams is a felony, punishable by up to one year in jail and a maximum fine of $2,500.**

Possession of 1,000 – 20,000 grams is a third degree felony punishable by 1-5 years imprisonment and/or a fine of $5,000 – $10,000.

Possession of 20,000 – 40,000 grams is a second-degree felony punishable by between 5-8 years of imprisonment, and/or a maximum fine of $15,000.

Possession of more than 40,000 grams is a second-degree felony punishable by at least 8 years imprisonment and/or a maximum fine of $20,000.

  • Ohio Rev. Code Ann. § 2925.11 (2015) Web Search

* A minor misdemeanor does not create a criminal record in Ohio.

Cultivation

Penalties for the cultivation of marijuana are identical to the penalties for possessing an equivalent amount, in weight, of marijuana. See the chart above for further guidance.

  • Ohio Rev. Code Ann. §2925.04 (2015) Web Search

** Ohio provides an affirmative defense for this level of cultivation if the defendant can meet the burden to prove that the marijuana was intended solely for personal use by a preponderance of the evidence. If this defense is successful, the defendant can still be convicted of, or plead guilty to, a misdemeanor violation of illegal cultivation of marihuana.

Sale/Distribution/Trafficking

A gift of 20 grams or less is a minor misdemeanor punishable by a maximum fine of $150.

A second conviction for a gift of 20 grams or less is a misdemeanor punishable by a maximum sentence of 60 days imprisonment and a maximum fine of $500.

The sale of up to 200 grams is a felony, punishable by a maximum sentence of 12 months imprisonment and/or a maximum fine of $2,500.

The sale of 200 grams – 1,000 grams is a fourth degree felony, punishable by up to 18 months imprisonment and/or a maximum fine of $2,500.

The sale of 1,000 – 20,000 grams is a third degree felony punishable by a sentence of 1-5 years imprisonment and/or a maximum fine of $10,000.

The sale of 20,000 – 40,000 grams is a second-degree felony punishable by between 5-8 years imprisonment and/or a maximum fine of $15,000.

The sale of over 40,000 grams is a second-degree felony, punishable by a mandatory 8 years imprisonment and/or a maximum fine of $20,000.

The sale of marijuana to a minor, within 1,000 feet of a school, within 100 feet of a juvenile, or by one who has a previous drug conviction is a felony which will increase the length of the term of imprisonment and the fine.

  • Ohio Rev. Code Ann. § 2925.03 (2015) Web Search
  • Ohio Rev. Code Ann. § 2929.13 (2015) Web Search
  • Ohio Rev. Code Ann. § 2929.18 (2015) Web Search
  • Ohio Rev. Code Ann. § 2929.22 (2015) Web Search
Hash & Concentrates

Possession of up to 5 grams of solid hashish (1 gram of liquid hashish) is a minor misdemeanor punishable by a fine no greater than $150.

Possession of 5-10 grams of solid hashish (1-2 grams of liquid hashish) is a misdemeanor punishable by a fine no greater than $250 and/or a term of imprisonment no greater than 30 days.

Possession of 10-50 grams of solid hashish (2-10 grams of liquid hashish) is a felony punishable by a maximum fine of $2,500 and/or a maximum term of 1-year imprisonment.

Possession 50 -1,000 grams of solid hashish (10 – 200 grams of liquid hashish) is a felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.

Possession of 1,000- 2,000 grams of solid hashish (200 – 400 grams of liquid hashish) is a felony in the second degree, punishable by up to 8 years imprisonment and/ or up to a $15,000 fine.

Possession of over 2,000 grams of solid hashish (400 grams of liquid hashish) is a felony in the second degree punishable by a fine no greater than $15,000 and/or a term of imprisonment of 8 years.

  • Ohio Rev. Code Ann. §2925.11(C)(7) (2015) Web Search
  • Ohio Rev. Code Ann. §2929.28 (2015) Web Search
  • Ohio Rev. Code Ann. §2929.24 (2015) Web Search
  • Ohio Rev. Code Ann. §2929.18 (2015) Web Search
  • Ohio Rev. Code Ann. §2929.14 (2015) Web Search

Selling less than 10 grams of solid hashish (less than 2 grams of liquid hashish) is a felony punishable by a maximum fine of $2,500 and/or a term of imprisonment no less than 6 months and no greater than 1 year.

Selling 10 – 50 grams of solid hashish (2 -10 grams) of liquid hashish is a felony punishable by a fine no greater than $5,000 and/ or a term of imprisonment no less than 6 months and no greater than 18 months.

Selling between 50 – 250 grams of solid hashish (10-50 grams of liquid hashish) is a felony, punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.

Selling between 250- 1,000 grams of solid hashish (50 -200 grams of liquid hashish) is a felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 9 months and no greater than 3 years.

Selling between 1,000 – 2,000 grams of solid hashish (200 – 400 grams of liquid hashish) is a felony punishable by a fine no greater than $15,000 and a term of imprisonment no less than 5 years and no greater than 8 years.

Selling over 2,000 grams of solid hashish (over 400 grams of liquid hashish) is a felony by a maximum fine of $15,000 and /or a term of imprisonment of 8 years.

  • Ohio Rev. Code Ann., §2925.03(C)(7) (2015) Web Search
  • Ohio Rev. Code Ann. §2929.18 (2015) Web Search
  • Ohio Rev,Code Ann. §§2929.14 (2015) Web Search

Manufacturing hashish is a felony of the second degree punishable by a maximum fine of $15,000 and/or a maximum of 8 years imprisonment.

  • Ohio Rev. Code Ann. §2925.04(C)(2) (2015) Web Search
  • Ohio Rev. Code Ann. § 2929.18 (2015) Web Search
  • Ohio Rev. Code Ann. §2929.14 (2015) Web Search
Paraphernalia

Possession of marijuana paraphernalia is a minor misdemeanor, punishable by a maximum fine of $150, possible community service, and suspension of the offender’s driver’s license for 6 months – five years.

  • Ohio Rev. Code Ann. § 2925.141 (2015) Web Search

The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $750.

  • Ohio Rev. Code Ann. § 2925.14 (2015) Web Search
  • Ohio Rev. Code Ann. § 2929.13 (2015) Web Search
  • Ohio Rev. Code Ann. § 2929.22 (2015) Web Search

Any device or equipment used to create or manufacture hashish is considered drug paraphernalia. Possession of such equipment is a misdemeanor of the fourth degree punishable by a maximum fine of $250 and/or maximum 30-day jail sentence. Selling or manufacturing any such device or equipment is a misdemeanor of the second degree punishable by maximum fine of $750 and/or a maximum 90-day term of imprisonment. If any such device or equipment was sold to a minor, the offense is a misdemeanor in the first degree punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 180 days. Advertising the sale of such equipment is a misdemeanor, punishable by a fine no greater than $750 and a term of imprisonment no greater than 90 days.

  • Ohio Rev. Code Ann. §2925.14(2) (2015) Web Search
  • Ohio Rev. Code Ann. §2929.18 (2015) Web Search
  • Ohio Rev. Code Ann. §2929.14 (2015) Web Search
Miscellaneous

Any conviction for possession of a controlled substance is subject to driver’s license revocation for no less than 6 months and no more than 5 years.

  • Ohio Rev. Code Ann. § 2925.11(E)(2) (2015) Web Search
  • Ohio Rev. Code Ann. § 2925. 14 (2015) Web Search
More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

LOCAL DECRIMINALIZATION

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.