Daytona Beach Criminal Defense Lawyer
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Daytona Beach Marijuana Defense Lawyer

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On July 1, 2019, Florida’s hemp law went into effect, legalizing the cultivation and sale of hemp and hemp-based products such as CBD. While marijuana is still illegal, the new legislation has made prosecuting marijuana possession extremely difficult, resulting in many state attorney’s offices throughout Florida to stop pursuing such crimes.

If you have been arrested for or charged with marijuana possession in Daytona Beach, Buckmaster & Ellzey can do our best to help you get your charges dismissed. With more than Three Decades of combined experience, our legal team understands the complexities of the new law and can build an effective and personalized defense strategy on your behalf.

How the Florida Hemp Law Affects Pending & Future Marijuana Crimes

The new law changes the definition of cannabis based on the amount of THC, which is the psychoactive component that causes a high. While anything about .03 is considered cannabis, anything below that threshold is viewed as hemp.

However, state crime lab technology, law enforcement field tests, and even narcotic detection K9s cannot determine how much THC is in a substance. Although courts have the option of sending samples to private labs, getting the results can be a costly and time-consuming process for only a misdemeanor offense.

Keep in mind, the police can still rely on circumstantial evidence to make an arrest. In addition to the odor of cannabis, officers must find other evidence of marijuana possession such as plain view of substance, red eyes, delayed reaction, slurred speech, drug paraphernalia, and any other illegal activity.

Florida Marijuana Possession Penalties

In Florida, possession of 20 grams of marijuana or less is a misdemeanor, punishable by a jail term of up to one year and a maximum $1,000 fine.

We Can Help You Today

Do not hesitate to let our Daytona Beach marijuana attorneys protect your rights and freedom. We can help you get your life back on track.

For more information about our legal services, contact us today.

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