1042 Jenks Avenue, Panama City, FL 32401 850.257.5680 Call Us Today
The Morris Law Firm
Call Us Today 850.257.5680

What are the penalties for possession of marijuana oils or edibles in Florida?

February 21, 2023 • ryan

Florida lawmakers implemented Florida Statute § 381.986 in response to the passage of the medical marijuana constitutional amendment on the November, 2016 ballot. 

What are the laws in Florida for edibles containing marijuana for medical use? There are many restrictions outlined in the Florida Statute referenced above which relate specifically to edibles for medical marijuana use. Those restrictions include the specification that edibles may not be attractive to children or “bear any reasonable resemblance to products available for consumption as commercially available candy.” Under this law, edibles, such as pot gummies, that look like candy or are attractive to children are illegal even for medical marijuana use.

Is it a felony in Florida to possess marijuana edibles or oils without a prescription? Yes, a person caught without a prescription in possession of marijuana in the form of an edible or a vape is at risk of being charged with a felony offense pursuant to Florida Statute § 893.13(6)(a) and §893.03(1)(b)(190).

Due to the greater availability of marijuana vapes, oils and edibles, we have seen a number of felony charges for the possession of marijuana oils and edibles by clients who did not have a medical marijuana card at the time of the possession of the marijuana vapes, oils and edibles.

The penalties for a felony offense in the state of Florida are significant.  A third degree felony is punishable by up to five years incarceration and/or probation.  If you find yourself charged in Bay County or the surrounding areas with felony possession of marijuana oils and/or edibles, it is extremely important that you contact a good Panama City criminal defense attorney to assist you in your case. 

If you have been arrested and need legal assistance from a criminal defense attorney with a possession of marijuana oil or marijuana edible charge in Panama City or Panama City Beach, contact The Morris Law Firm for a free consultation.

Comments Off on What are the penalties for possession of marijuana oils or edibles in Florida?

Panama City Drug Possession Arrests

March 13, 2015 • Dana Morris

Some of the very best spring break memories are made right here on the beautiful white beaches of Bay, Walton, Okaloosa and Santa Rosa counties.  Sadly, so are some of the worst.  We have received numerous calls this year from parents of spring break students who need our help. This made us wonder how many arrests have been made since spring break began just two weeks ago. We checked the Bay County Jail arrest records for the month of March and discovered there have already been over 900 arrests in Bay County and we are only just beginning.  We also contacted both the Bay County Sheriff’s Office and the Panama City Beach Police Department to find out how many officers are staffed during spring break. From the best we could tell, both offices nearly triple their normal patrol efforts, often bringing in officers from other counties on a temporary assignment. We further researched what laws spring break students are charged with, or arrested for, violating most often on Panama City Beach.  Possession of narcotics seems to be one of the major offenses the officers are citing.

These are just some of the actual felony and/or misdemeanor drug possession charges that have been made in Panama City, or on Panama City Beach, over these first few weeks of spring break:

  • Heroin possession Schedule 1
  • Possession of Meth (crystal, ice, glass, tweak, crank) with intent to sell, manufacture or deliver
  • Marijuana (weed) possession, not more than 20 grams
  • Possession of a new legend drug without a prescription.  A legend drug is a drug that requires a prescription.  This can be a controlled narcotic or a non-narcotic, such as Viagra.
  • Possession of a controlled substance (examples include Xanax, Fentanyl (Duragesic), Hydrocodone, Oxycodone (OxyContin), Dilaudid, Darvon, Demerol, Lomotil) without a prescription
  • Cocaine possession Schedule 2
  • Synthetic Narcotic Schedule 1 or 2

Due to drug laws put in place to curtail drugs being imported into Florida from out of state and even out of the country, Florida has some of the strictest drug laws in the nation. If you or a loved one is facing drug charges in Panama City, FL, you need an experienced defense lawyer working to protect your rights. We at The Morris Law Firm will work hard to minimize, if not eliminate, the negative effects of these charges on your future.

Contact The Morris Law Firm – A Criminal Defense Attorney who Puts Clients First

Attorney Dana Morris is a Panama City criminal defense lawyer who, as a former prosecutor, has had great success in winning criminal cases in Florida.  If you or a loved one have been arrested for drugs or drug possession in Panama City and need the assistance of a Panama City criminal law attorney, do not hesitate to contact The Morris Law Firm. We’re available to answer our calls 24 hours a day, seven days a week.  Call us now if you need us, (850) 257-5680.  Starting with a free consultation with an attorney from our firm, we’ll help get you through this difficult time.

Comments Off on Panama City Drug Possession Arrests

Possession of Marijuana Under Florida Law

October 31, 2014 • cms@nextclient.com

Florida law criminalizes the possession of even small amounts of marijuana. Unlike other states, Florida does not contain any exception for a joint or other small amount for personal use. In fact, Florida statutes list marijuana (cannabis) as a Schedule I drug, declaring that it has a high potential for abuse with no currently accepted medical use in treatment in the United States.

In terms of the penalties that can be imposed for conviction of a drug charge, Florida law does distinguish between possession of a small amount of marijuana that is likely for personal use, as opposed to larger amounts that arguably could be in one’s possession with the intent to distribute. For instance, possession of 20 grams or less of marijuana is a first degree misdemeanor under section 893.13(6)(b). Twenty grams is less than one ounce. Even this charge can carry a stiff punishment, though. The maximum penalties for a first degree misdemeanor in Florida include up to one year in jail and a fine of up to $1,000. A conviction also results in the suspension or revocation of your driver’s license for a year or more.

Possession of more than 20 grams of marijuana is a third degree felony in Florida, meaning you could be sentenced to up to five years in prison and be ordered to pay a $5,000 fine, still for having less than an ounce of pot in your possession.

Being in possession of fewer than 25 marijuana plants is also a third degree felony. Possession of 25 or more plants is a second degree felony, with potential punishment up to 15 years in prison and $10,000 in fines.

Possession of drug paraphernalia, including pipes, bongs and other smoking devices, is a first degree misdemeanor.

Can you really go to jail for one joint?

Technically, yes you can, although that result seems unlikely. However, with the threat of up to one year in jail for possession of a small amount of marijuana, police and prosecutors can easily scare people who have been arrested into pleading guilty and accepting some lesser punishment rather than risk a trial. This is one reason why it is so important to talk to an experienced Florida drug crimes attorney immediately after your arrest. There may be many ways to fight the charges against you. For instance, the police may not have had the right to stop or search you in the first place. With a criminal defense lawyer on your side, you may be able to get the charges dismissed when you might have otherwise pled guilty and paid a significant fine because you were scared by the prospect of jail time. Even if a plea is in your best interests, your attorney may be able to secure probation or treatment through the Bay County Drug Court, rather then paying a substantial fine or spending time in jail.

Contact the Panama City Criminal Defense Law Firm of The Morris Law Firm – We Put Our Clients First

Make no mistake that Florida drug laws are tough, and being found guilty of possession of just a small amount of marijuana can spell serious trouble with long-term consequences. However, with the help of an experienced Florida drug crimes defense attorney, you have the ability to achieve the best outcome possible in your given set of circumstances. Call The Morris Law Firm. We’re available to answer our calls 24 hours a day. (850) 257-5680. We can also schedule a free consultation in our office at your convenience.

Categories: General • Tags: , ,
Comments Off on Possession of Marijuana Under Florida Law