Driver Stopped for Speeding & Arrested on Marijuana Possession

The Charges

Officers stopped a driver for speeding and noticed the smell of marijuana. The officer questioned if the driver had illegal marijuana in his possession and the driver handed it over. The police arrested the defendant on charges of possession of marijuana.

Possession of Marijuana

In the state of Florida, anyone that is carrying 20 grams or less of marijuana will be charged with a first-degree misdemeanor. Possession can be actual or constructive.

Actual possession is when the offender has the marijuana in their hand or it is within reach. Constructive possession means the cannabis is not within reach of the person, but this person does have control over the place where the marijuana is located. 

In order to prove possession of marijuana, three elements must be met:

• The offender possessed the substance in either actual or constructive possession. 
• The substance was indeed marijuana. 
• The offender had knowledge of the possession of the drug. 

Penalties of Marijuana Possession

In Florida, the possession of marijuana has various penalties, which include the following:

• A one-year driver’s license suspension
• Probation
• Up to one year in jail
• Fines
• Ineligible for some government jobs
• Not eligible for some forms of financial aid
• Damage to reputation
• Ineligible for public housing
• May affect getting into certain colleges

If probation is given, the defendant will be subjected to having random drug testing done. 

Defenses to Possession of Marijuana

An attorney who is skilled in drug charges will be able to provide you with a strong defense to help you in your case. Defenses that have been used successfully include the following:

The arresting officer did not have legal reasons to search the car.

• There was a lack of probable cause to stop the vehicle
• There was not a valid search warrant
• There was an invalid execution of a search warrant
• The cannabis was not in plain view
• There was an unlaw pat down
• There were Miranda right violations
• There was evidence tampering
• There was a violation of the  right to counsel

Factual defenses

• Can the prosecution prove that the defendant had knowledge of the cannabis?
• Was the defendant entrapped?
• Is there sufficient evidence as a whole to prosecute the case?
• Did the defendant have possession of the cannabis for lawful temporary disposition?

Musca Law Firm 

If you or a loved one has been arrested for possession of marijuana charges, it is in your best interest to obtain legal assistance as soon as possible. Musca Law Firm has successfully handled many marijuana cases. We work hard to obtain the results that you want, by either reducing or dismissing your charges. Our firm accepts phone calls 24 hours a day and serves the entire state of Florida. We have offices located in various cities for your convenience and will offer a free initial consultation to all of our new clients. Please call us today at (888) 484-5057 to schedule an appointment with one of our highly qualified lawyers.


RESULT: The Musca Law Defense Attorney entered into negotiations with the State over the fate of the Client. The Defense successfully convinced the prosecution to resolve the case without probation, drug testing and conviction. NO CONVICTION!