Felony Possession of Marijuana

The primary different between a simple possession of marijuana charge and a felony possession of marijuana charge is the amount of marijuana in the individual’s possession at the time of arrest. An amount less than 20 grams is considered a simple possession of marijuana offense, which can result in a misdemeanor conviction. An amount more than 20 grams can result in the more serious offense of felony possession of marijuana. Felony possession of marijuana, also known as cannabis, weed, pot and chronic, is prosecuted more harshly than misdemeanor marijuana charges and can also lead to more severe penalties.

A felony conviction can potentially affect an individual for the rest of their life. Florida requires convicted felons to register in the state. Additionally, a felony conviction will appear on background checks for education and job applications, and a convicted felony offender is not permitted to vote or possess a firearm. Contact a knowledgeable Jacksonville marijuana possession attorney if you are facing felony marijuana charges.


Call Roelke Law today for a free consultation at (904) 354-0333 about your alleged felony possession of marijuana offense. Bill Roelke is experienced in handling felony possession of marijuana cases and is knowledgeable in all aspects of Florida's drug and marijuana laws. If you have been charged with felony possession of marijuana in Jacksonville, or any of the surrounding areas, including Jacksonville Beach, Saint Augustine, Fernandina Beach or Orange Park, contact Roelke Law today.

Felony Possession of Marijuana in Florida

Florida Statutes § 893.13 states that an individual who is in actual or constructive possession of more than 20 grams of marijuana can be arrested and charged with felony possession of marijuana.

An individual may be in actual possession of marijuana if they had the drug physically in their hand, on their body, in their clothing or within their immediate reach.

If the individual had constructive possession, this means the individual:

  • Was able to take control of the marijuana,
  • Had the intent to take actual possession of the marijuana, and
  • Had knowledge the marijuana was in their presence.

In order to be convicted of a felony marijuana possession offense in Florida, the prosecution is required to prove beyond a reasonable doubt the alleged offender had either constructive or actual possession of the marijuana. Generally, constructive possession is much more difficult for the prosecution to demonstrate than actual possession. Additionally, "beyond a reasonable doubt" is the highest burden of proof and often very difficult to meet. Your experienced marijuana defense attorney may be able to present enough mitigating evidence to have your felony marijuana possession charges reduced or even dismissed.

Felony Possession of Marijuana Penalties in Jacksonville

A conviction for felony possession of marijuana of more than 20 grams can result in a felony of the third degree conviction, which is punishable by up to five years in Florida state prison and/or a fine up to $5,000, according to Fla. Stat. §893.13.

Additionally, an individual can have their driver’s license suspended for up to two years without the ability to receive a harship permit or provisional license for the first year if they are convicted of felony possession of marijuana.

Duval County Drug Court

The Duval County Drug Court is designed to help individuals who have been charged with drug offenses due to substance abuse issues. The Drug Court help individuals with substance abuse problems break the cycle of being arrested, convicted, incarcerated and released from jail only to repeat the process again as a result of the drug abuse.

The Court is treatment-oriented and is an alternative to jail or prison sentences for a an alleged drug offender. Upon successful completion of the program, an individual may be eligible to have their drug possession charges dismissed. The program relies on a non-adversarial approach, frequent alcohol and drug testing, treatment and rehabilitation and continuing drug education to achieve success.

Additional Penalties for a Convicted Felon in Duval County

As a convicted felon in Florida, an individual may be required to register with the sheriff of  any county they enter within the first 48 hours as stated in Fla. Stat. § 775.13. They must also provide the additional information:

  • Their fingerprints,
  • A photograph,
  • The crime committed,
  • The place of conviction,
  • Their name and aliases,
  • Their address, and
  • Their occupation.

Additionally, a convicted felon in the United States can be restricted from voting, enlisting in the military, owning or possessing a firearm or holding public office.

Roelke Law, P.A. | Duval County Felony Possession of Marijuana Lawyer

Bill Roelke of Roelke Law represents individuals who have been charged with felony possession of marijuana throughout northeast Florida, including the areas of St. Johns County, Nassau County and Clay County. Bill Roelke is a knowledgeable Jacksonville marijuana defense attorney, and will utilize his years of criminal defense experience to help you avoid the most serious consequences in your particular case. Contact Roelke Law today at (904) 354-0333 or send an online message for a consultation about your alleged felony possession of marijuana offense.

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