Possession of Marijuana in Excess of 20 Grams (3rd Degree Felony) and Possession of Drug Paraphernalia
The client was a passenger in a vehicle stopped in Jupiter for an obscured license plate. He voluntarily disclosed that he had marijuana in his backpack and presented a Florida medical marijuana card. Officers searched the backpack and found nearly 47 grams of marijuana along with paraphernalia. The client was arrested after the medical marijuana card was found to be expired. The case was immediately reviewed for weaknesses in the State's ability to prove unlawful possession given the client's status as a registered medical marijuana patient.
Counsel identified that the State faced a difficult burden in proving the possession was criminal rather than protected under Florida's medical marijuana laws, particularly given the client's documented patient status. The State Attorney's Office agreed, declining to file charges on both counts within weeks of the arrest. No information was ever filed, no conviction entered, and the client's record remained clear.
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