Sarasota Marijuana Charges Attorney

While several cities and counties in Florida have moved toward decriminalizing small amounts of marijuana—often replacing criminal charges with civil citations—the substance remains illegal under state law for recreational use. Despite the growing acceptance of marijuana nationwide, Florida still enforces tough penalties for possession, cultivation, distribution, and trafficking of cannabis.

Erika Valcarcel with Sarasota’s Erika Valcarcel, Criminal Defense Lawyer, P.A. is a skilled Florida criminal defense attorney with extensive experience at handling all types of marijuana cases. Whether you’ve been charged with possession, possession with intent to sell, manufacturing, or trafficking, she can help you understand your charges and take the necessary steps to fight them.

Types of Florida Marijuana Charges

Florida’s marijuana laws have evolved in recent years. The state now allows qualified patients to use medical marijuana, and further reforms are likely on the horizon. However, until recreational marijuana is fully legalized, individuals can still face serious criminal charges—even for small quantities—especially when law enforcement suspects intent to distribute or discovers marijuana in connection with other alleged offenses.

Individuals can be charged with any number of marijuana offenses, depending on the activity they were engaged in and the amount of marijuana involved. Because prosecutors often pursue the harshest penalties possible, it is a good idea to enlist the help of an experienced Florida criminal defense attorney to defend your particular case.

Possession of Marijuana

Possession of 20g or less of marijuana is classified as a misdemeanor, punishable by up to 1-year incarceration and $1,000 in fines. Possession of greater amounts is considered a felony punishable by 5-30 years incarceration and $5,000-$200,000, depending on the quantity of marijuana involved.

Note: While possession of marijuana for medical purposes is currently prohibited use, medical marijuana may be legalized soon, depending on the outcome of a new proposed ballot measure in November.

Possession with Intent to Sell

Possessing any amount of marijuana with the intent to sell it is a felony offense, except in cases where an individual did not receive remuneration for the sale of 20g or less. In all other cases, a person can face up to 5-30 years incarceration and $5,000-$200,000 in fines, depending on the amount of marijuana involved.

Manufacturing of Marijuana

Like possession with intent to sell, the cultivation of marijuana is considered a felony offense and is punishable by up to 5 years incarceration and up to $5,000 in fines for 25lbs or marijuana or less. Penalties increase dramatically for larger amounts.

Marijuana Trafficking

Trafficking of marijuana is defined as a felony under Florida statues, punishable by up to 5 years incarceration and $5,000 in fines for 25lbs or fewer and by 3-15 years incarceration and up to $25,000 in fines for 25-2,000lbs. Penalties increase as quantities increase.

Marijuana DUI

In Florida, a person can be charged with driving under the influence when under the influence of a controlled substance, including marijuana. Penalties for driving under the influence of marijuana can include incarceration for up to 6 months, community service, license suspension for 180 days, and a fine of $500-$1000, for a first offense.

Medical Marijuana as a Defense

In November 2016, voters approved Florida Amendment 2, which allows the use of cannabis as a medical treatment by qualifying patients. The amendment is intended to provide immunity from prosecution for qualifying medical marijuana patients.

If you’re arrested for a marijuana offense and are a qualifying patient who is in compliance with the provisions of Florida’s medical marijuana laws, you may have a defense to the criminal charge. Contact an experienced Sarasota marijuana lawyer to discuss your situation and learn your options.

Other Possible Defenses to Marijuana Charges in Florida

Even if you’ve been charged with a marijuana offense, there may be strong defenses available. Common strategies include challenging an illegal search or seizure, or arguing lack of knowledge or control over the substance.

In some cases, the evidence may be flawed due to mishandling or improper testing, or there may be grounds for an entrapment defense. An experienced criminal defense attorney can assess the facts of your case and determine the best approach to fight the charges.

How Experienced Sarasota Criminal Defense Attorney Erika Valcarcel Can Help

Florida’s marijuana laws are changing—but enforcement is still aggressive in many cases. Whether you’re charged with simple possession, intent to sell, or a more serious trafficking offense, having a knowledgeable defense attorney can make a critical difference in the outcome of your case.

At Erika Valcarcel, Criminal Defense Lawyer, P.A., attorney Erika Valcarcel brings years of courtroom experience and a deep understanding of Florida’s drug laws. She works directly with clients to review the details of the arrest, evaluate potential defenses (such as medical marijuana eligibility or unlawful search and seizure), and pursue the best possible resolution—whether that means reduced charges, dismissal, or a strong defense at trial.

With a local reputation for thorough preparation and relentless advocacy, Erika Valcarcel is dedicated to protecting your rights and minimizing the long-term impact of a marijuana charge.

Contact a Sarasota Marijuana Charge Lawyer Today

Florida may be shifting toward more progressive marijuana policies, but that doesn’t mean you’re safe from serious consequences if you’re charged with a marijuana offense. A conviction could follow you for years—affecting employment, housing, and your reputation.

To take the first step toward getting your charges reduced or dismissed, call attorney Valcarcel at (941) 363-7900 today.