In the State of Florida, a person who possesses marijuana can be charged with a First Degree Misdemeanor, punishable by up to one year in jail, where the total weight of the marijuana is less than 20 grams. If the weight is 20 grams or more, he may be charged with a Third Degree Felony, punishable by up to 5 years in prison. Additionally, if he is charged with possessing marijuana with the intent to sell it, he can be charged with a felony, regardless of the weight.

In addition to any sentence imposed, a person convicted of possession of marijuana will have a mandatory two year suspension of his driver’s license. This can be avoided where the person is either found not guilty, the charges are dismissed, the person enters into pretrial diversion, or where adjudication is withheld (which is not a formal conviction on the person’s record).

There are a number of defenses available to possession of marijuana and it is important to seek out an experienced criminal defense attorney to preserve your rights. Additionally, pretrial diversion programs are often available, whether the charges are for misdemeanor or felony offenses. These programs often include substance abuse treatment and drug testing. The benefits of these programs are that they typically will result in the charges being dropped.