Possession with the Intent to Sell Marijuana Within 1,000 feet of Convenience Store

Possession of Cannabis in General

In general, possession of marijuana is prohibited in the State of Florida under Section 893.13. This law states, “If the offense is the possession of 20 grams or less of cannabis…. the person commits a misdemeanor of the first degree.”  While possessing less than 20 grams of marijuana is a misdemeanor, a cannabis charge can become a felony offense under different circumstances. For instance, if a person possesses 20 grams or more of marijuana, this is a third degree felony.

Florida Marijuana Trafficking Law

If you are in possession of a large amount of marijuana, this could be considered trafficking cannabis in Florida. Trafficking may carry a minimum mandatory prison sentence. Florida Statute Section 893.135(1)(a) states:

Florida Trafficking Laws

When do marijuana charges go from misdemeanors to felonies?

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:
(a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity of cannabis involved:
1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.
2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.
3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.

Selling Marijuana in Jacksonville FL 

The amount of marijuana involved is not the only thing that can change the penalty for certain marijuana cases. If you sell marijuana in Florida, you could be arrested for a felony. Section 893.13(1)(a)(2) states, “Except as authorized by this chapter and chapter 499, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. A person who violates this provision with respect to…. a controlled substance named or described in s. 893.03(1)(c)…. commits a felony of the third degree.” This law applies to the sale of marijuana. However, the law does make it a misdemeanor to deliver marijuana without consideration or monetary exchange. Florida Statute Section 893.13(3) states, “A person who delivers, without consideration, 20 grams or less of cannabis, as defined in this chapter, commits a misdemeanor of the first degree.”

Sale of Cannabis Within 1000 Feet of a Convenience Store

The location where the marijuana is sold can also make a difference. Florida Statute Section 893.13(1)(E)(2) governs the delivery or distribution of marijuana within 1000 feet of a convenience store. Section 893.13(1)(E)(2) states:

“Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance not authorized by law in, on, or within 1,000 feet of 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 as defined in s. 812.171. A person who violates this paragraph with respect to…. a controlled substance named or described in s. 893.03(1)(c)…. commits a felony of the second degree.”

Jacksonville Criminal Defense Lawyer

If you have been arrested for possession of marijuana in Jacksonville or any other drug charge, contact 20 Miles Law to speak with a Jacksonville criminal attorney about your case and possible defenses. Call (904) 564-2525 to speak to a lawyer in Jacksonville.

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