Many people think that a Flagler County misdemeanor marijuana possession under 20 grams charge is not serious. This could not be farther from the truth. The state of Florida and the United States government has declared a war on drugs. If you get caught with a small amount of marijuana that war will be waged against you. Flagler County drug cases are loaded with collateral consequences. If proper steps are not taken a Flagler County drug conviction will suspend your driver's license for one year, disqualify you for federal financial aid including student loans, prevent you from sealing or expunging your record and can result in deportation as an aggravated felon in imigration cases. The bottom line is if you are arrested or issued a notice to appear for marijuana you should speak to a Flagler County drug possession defense attorney. Call 386-451-5112 to talk to not only a drug possession defense attorney but also a former prosecutor. It is much easier to defend a case when you know how it will be prosecuted.
Possession of less than 20 grams of marijuana in Flagler County is a first degree misdemeanor. A first degree misdemeanor is punishable by up to a year in jail, a year of probation or any combination of the two. It is also punishable by up to a $1,000 fine, 1 year driver's license suspension, classes, evaluations and drug tests. Motions can be filed to try to get the case dismissed, the charges might be able to be amended to avoid the consequences of a drug conviction, adjudication can be withheld to avoid the driver's license suspension and some clients are eligible for a diversion to get the charges dismissed.
Flagler County Possession of over 20 grams of marijuana is a felony. 8 pennies weigh approximately 20 grams. The severity of the sanctions for possession, sale or distribution increases with weight. Possession of up to 25lbs of marijuana in Flagler County is a Felony of the third degree punishable by up to a $5,000 fine and five years in prison. Felony possession of over 25 pounds of marijuana or 300 cannabis plants in Flagler County is considered drug trafficking. In marijuana drug trafficking cases if the quantity of the marijuana or cannabis involved was either in excess of 25 pounds but less than 2,000 pounds of marijuana or cannabis or involved 300 or more cannabis plants but not more than 2,000 cannabis plants. Penalties further increase if the quantity of marijuana or cannabis involved was either 2,000 pounds or more but less than 10,000 pounds or 2,000 or more cannabis plants but not more than 10,000 cannabis plants. The final enhancement is if the quantity of the marijuana or cannabis involved was either 10,000 pounds or more or 10,000 or more cannabis plants. Additional enhancements in Florida are for possession or sale within 1,000 feet of a child care facility private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight, state, county, or municipal park, a community center, or a publicly owned recreational facility. A public or private college, university, or other postsecondary educational institution, a physical place for worship at which a church or religious organization regularly conducts religious services or within 1,000 feet of a convenience business, or real property comprising a public housing facility or Assisted living facility. If the act occurs in a structure or conveyance where any child under 16 years of age is present. If the act causes any child under 16 years of age to suffer great bodily harm.