Possession of Marijuana Defense In Lake County

Possession Of Marijuana

Whether you are a medical patient who fell out of compliance or a first-time offender caught with a small amount, Lake County law enforcement remains aggressive.

Penalties and Classifications

Florida law separates marijuana possession into two categories based strictly on weight:

• Misdemeanor Possession (Under 20 Grams): Possessing less than 20 grams of cannabis is a First-Degree Misdemeanor. It is punishable by up to 1 year in the Lake County Jail and a $1,000 fine.

• Felony Possession (Over 20 Grams): Possessing more than 20 grams is a Third-Degree Felony. This can lead to up to 5 years in Florida State Prison and a $5,000 fine.

The Mandatory License Penalty: Under F.S. § 322.055, any conviction for marijuana possession—misdemeanor or felony—results in a mandatory 6-month driver’s license suspension.

The Medical Marijuana Defense

If you are a registered patient in the Medical Marijuana Use Registry (MMUR), you have legal protections. However, you can still be arrested if:

• You possess more than your physician-authorized supply.

• You are consuming marijuana in a public place.

• You possess “flower” but your recommendation only allows for low-THC vapes or edibles

Strategic Defenses: Protecting Your Freedom

We use our knowledge of Lake County’s legal system to dismantle the State’s case:

1. Challenging the Search (The “Plain Smell” Rule)

Florida courts have refined the rules on vehicle searches. While the “plain smell” of marijuana can still provide probable cause in certain circumstances, the presence of legal hemp and medical marijuana has made this a high-ground for defense motions. If the initial stop or the search was illegal, Attorney Lewis may move to suppress the evidence.

2. Constructive Possession

Was the marijuana found in a shared car or a common area of a house? To convict you, the State must prove you had knowledge of the drugs and control over them. If the State cannot link the marijuana specifically to you, the charges should be dropped.

3. Illegal Hemp vs. Marijuana

Differentiating between legal hemp-derived products and illegal marijuana requires sophisticated lab testing. Many “field tests” used by police cannot distinguish between the two. Lewis Defense Law demands laboratory verification to ensure the State can actually prove the substance is illegal.

The Lewis Defense Law Advantage

• Pre-Trial Intervention (PTI): For most first-time marijuana offenders in Clermont, Lewis Defense Law can often negotiate entry into a Diversion Program. If you complete a few requirements (like a class or community service), the State will drop the charges entirely.

• Withhold of Adjudication: If a dismissal isn’t possible, we fight for a “Withhold.” This prevents a formal conviction on your record and, most importantly, saves your driver’s license from being suspended.

• Prosecutorial Perspective: Having handled these cases from the other side, I know when a prosecutor’s file is missing the necessary lab work to move forward.