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Marijuana Crimes

Although marijuana is one of the most commonly used recreational substances in the Florida Panhandle and has been proven to have some medical benefit, any possession of marijuana can result in serious criminal charges. A conviction for a marijuana offense can result in a jail or prison sentence, fines, driver’s license suspension and/or a criminal record.

Marijuana offenses can involve any type of marijuana, including cannabis plants, resin from marijuana, buds from the cannabis plant, hydro, ganja, weed, pot, and chronic.

If you have been charged with a criminal marijuana offense in Destin, it is important to know the prosecution must prove every element of the offense beyond a reasonable doubt. This can be a very difficult burden to achieve, and any doubt in the mind of the judge or jury can result in a dismissal or reduction of the charges against you. Therefore, it is essential to consult with an experienced criminal defense attorney in the Florida Panhandle who can help you create the best legal strategy for your particular situation.

DeFuniak Springs Marijuana Offense Lawyer

Contact Adkinson Law Firm, LLC for a consultation about your alleged marijuana offense throughout the Florida Panhandle, including the areas of Crestview, South Walton, Fort Walton Beach, Milton, Navarre, DeFuniak Springs, Pensacola and Panama City.

The attorneys of Adkinson Law Firm, LLC are knowledgeable in all areas of Florida’s marijuana laws and will make every effort to find defenses or mitigating factors applicable to your particular situation. Contact Adkinson Law Firm, LLC for a free consultation today at if you have been charged with a marijuana crime throughout Destin and South Walton.


Destin Marijuana Offenses Information Center


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Marijuana Crimes in Destin

Marijuana offenses are listed in Chapter 893 of the Florida Statutes, which is also known as the Florida Comprehensive Drug Abuse Prevention Act. Some of the most common marijuana crimes in the Florida Panhandle are as follows:

  • Simple Possession of Marijuana – As defined in Fla. Stat. § 893.13, an individual can be charged with this offense if they actually or constructively possess less than 20 grams of marijuana. This offense can result in a misdemeanor of the first degree conviction.
  • Felony Possession of Marijuana – As defined in Fla. Stat. § 893.13, an individual can be charged with this offense if they actually or constructively possess 20 grams or more of marijuana. This offense can result in a felony of the third degree conviction.
  • Marijuana Cultivation – As defined in Fla. Stat. § 893.13, an individual can be charged with this offense if they cultivate, produce, grow, make or manufacture marijuana through natural or synthetic processes. This offense can result in a felony of the third degree conviction.
  • Cannabis Trafficking – As defined in Fla. Stat. § 893.13, an individual can be charged with this offense if they sell or distribute large quantities of marijuana throughout Florida or import or export marijuana into or out of Florida. This offense can result in a felony of the third degree, second degree or first degree conviction depending on the quantity of marijuana.

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Drug Court in Okaloosa County

An individual that has been charged with a drug offense in Okaloosa County, including marijuana offenses can participate in a drug court program instead of incarceration in a state jail or prison. The drug court program was created for individuals who have committed criminal offenses due to their drug or marijuana addictions.

The drug court is a non-adversarial, intensive and judicially monitored treatment program that lasts at least 12 months. As part of the program, individuals who participate will be required to attend treatment and rehabilitation services, drug and alcohol testing, and ongoing judicial interaction

Individuals are eligible for the program if they are charged with possessing or purchasing marijuana or drugs and the prosecutor agrees to divert prosecution. Anyone who has a history of committing violent crimes, has been arrested for drug or marijuana sale or purchasing, or has more than two non-felony drug conviction is ineligible to participate in the program.

Once an individual successfully completes the program, the criminal drug or marijuana charges will be dismissed and they will not have a conviction on their record.


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South Walton Defenses to Marijuana Crimes

Your Florida Panhandle criminal defense lawyer may determine certain defenses or mitigating factors apply to your particular marijuana criminal charges. These defenses are not always applicable to every marijuana charges case, so it is important to first consult with an experienced criminal attorney in Destin. Common marijuana charges defenses are as follows:

  • Constitutional violations by law enforcement;
  • Illegal home, car or body searches;
  • Lack of actual or constructive marijuana possession;
  • Lack of evidence for the marijuana charges;
  • Lack of mental state to commit the offense;
  • Law enforcement entrapment;
  • Law enforcement procedural violations; and/or
  • Law enforcement’s failure to properly give Miranda Warnings.

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Penalties for South Walton Marijuana Offenses

Marijuana penalties in Florida are defined under sections 775.082, 775.083 and 775.084 of the Florida Statutes. These basic statutory penalties can increase or decrease depending on several factors, including the type of marijuana offense, the quantity of marijuana, whether the whether the alleged offender used a weapon during the commission of the offense, where the alleged offense occurred, and/or whether the alleged offender has any previous criminal history. Basic punishments for a marijuana criminal conviction are as follows:

  • An individual charged with a misdemeanor of the second degree marijuana offense can face up to 60 days in jail and/or a fine up to $500.
  • An individual charged with a misdemeanor of the first degree marijuana offense can receive a jail sentence up to one year and/or a fine up to $500.
  • An individual charged with a felony of the third degree marijuana offense can face a prison sentence up to five years and/or a fine up to $5,000.
  • An individual charged with a felony of the second degree marijuana offense can receive up to 15 years in prison and/or a fine up to $10,000.
  • An individual charged with a felony of the first degree marijuana offense can receive a prison sentence up to 30 years or life imprisonment and/or a fine up to $10,000.

Additionally, an individual convicted of a marijuana offense in the Florida Panhandle can face additional repercussions and consequences, such as a public housing ban, an inability to own or possess a firearm, ineligibility to work in certain governmental positions, an inability vote, ineligibility to pursue certain professional or educational opportunities, and/or a driver’s license suspension or revocation.


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Florida’s Medical Marijuana Laws

Although both the state of Florida and federal laws currently prohibit the use of medical marijuana, research and studies have shown marijuana provides at least some medicinal benefit to patients suffering from cancer, Crohn’s Disease, arthritis, movement or muscle disorders, AIDS and glaucoma. Additionally, 16 state and Washington D.C. have decriminalized the use of medical marijuana in violation of federal laws.

Doctors, health organizations and scientists throughout the world agree marijuana is therapeutic and a beneficial treatment to certain illnesses, and it should be legally accessible to patients suffering from chronic illnesses under the supervision of a treating doctor.

Recently proposed federal legislation may change medical marijuana laws throughout the nation. HR 2306 aims to end the federal government’s marijuana regulation and allow each state to decide whether to continue to prohibit the use of marijuana, decriminalize marijuana or legalize medical marijuana.


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Destin Marijuana Offense Resources

National Organization for the Reform of Marijuana Laws (NORML) – This link is to the National Organization for the Reform of Marijuana Laws (NORML) website, which provides information on each state’s marijuana laws and penalties, in addition to current policies and resources. NORML is a national organization seeking to change public opinion about marijuana in order to decriminalize the responsible use by adults.

Law Enforcement Against Prohibition – This international organization, also known as LEAP, is comprised of criminal justice professionals who believe the nation’s war on drugs and current drug policies are not beneficial, and support a more effective system of drug and marijuana legalization and regulation.

Marijuana Policy Project – This link is to the Marijuana Policy Project’s (MPP) website, which provides information on marijuana issues throughout the nation, current marijuana campaigns and recent marijuana legislation. This national organization aims to remove criminal penalties for marijuana use and places an emphasis on making medical marijuana available to individuals who are seriously ill.

Florida MPP

    – This link is to the Florida chapter of the marijuana Policy Project, which provides specific information on medical marijuana in Florida.

Florida Statutes – Marijuana Laws – This link is section 893.13 of the Florida Statutes, which defines marijuana offenses and penalties throughout the state. Chapter 893 of the Florida Statutes is also known as the Florida Drug Abuse Prevention and Control Act.

First Judicial Circuit Drug Court – This link is to the drug court programs for the First Judicial Circuit, which includes the areas in Escambia County and Okaloosa County. The program is located at:

Okaloosa County Drug Court
100 West Maxwell Street
Pensacola, Florida 32501
Phone: (850) 595-3055

Office of National Drug Control Policy – This link is to the Office of National Drug Control Policy’s (ONDCP) website, which provides information on marijuana, including examples of marijuana usage, marijuana street names and miscellaneous resources and facts on marijuana. The ONDCP is a national government drug agency.

Drug Enforcement Administration – The Drug Enforcement Agency’s (DEA) website provides federal penalties for individuals charged with federal marijuana offenses, which can result in more serious punishments, such as lengthier prison terms and steeper fines. The DEA is a national governmental agency that aims to enforce the United State’s federal drug and marijuana laws.


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Adkinson Law Firm, LLC | South Walton Marijuana Offense Attorney

If you have been accused of a marijuana offense throughout the Florida Panhandle, including the areas of Okaloosa County, Santa Rosa County, Bay County, Walton County, Holmes County, Washington County and Escambia County, contact Adkinson Law Firm, LLC today.

Clay Adkinson of Adkinson Law Firm, LLC is an aggressive DeFuniak Springs criminal defense attorney who will make every to fight the allegations against you and help you achieve the most desirable outcome for your particular situation. Contact Adkinson Law Firm, LLC today for a free consultation at or send an online message about your marijuana charges today.