Caught with Marijuana in Lake Mary: Is It Still a Criminal Offense in Florida?

It can be easy to assume that marijuana isn’t that big of a deal in Florida anymore. After all, medical marijuana is legal in just about all states (with some exceptions). However, the reality in Lake Mary — and throughout Florida — is different. Possession of marijuana without a valid medical card is still a criminal offense. Even if it is a small amount and for personal use, you could still face jail time, fines, probation, or a record that could follow you for years to come.

Here’s what you should know if police stopped you in Lake Mary and found marijuana on you, in your car, or on the seat next to you.

Why People Think Marijuana Is “Legal” — and Why It’s Not

Florida did legalize medical marijuana, but only for certain qualifying medical conditions, and only if you obtain it through a licensed dispensary. Recreational marijuana is still illegal.

Some of the reasons why there is so much confusion include:

• Other states that border Florida are easing their laws
• Police enforcement is sometimes inconsistent
• Cities and counties in Florida have issued “civil citations” in the past

Lake Mary, however, is not among the cities and counties that have fully decriminalized possession. And, if you don’t have a valid medical marijuana card, you can still be charged with a crime if the police find marijuana on you, even if it is just a small amount for “personal use.”

Scenario: A Typical Marijuana Arrest

Picture this. You are driving home on Lake Mary Boulevard. The police pull you over for a broken taillight. The officer says they smell marijuana. They ask if you have “got anything” in the car. You hesitate. Next thing you know, they are searching your car and find a small jar in your center console.

Even though you were not acting suspiciously, not driving high, and only had a small amount, you can still be arrested because it is a criminal offense to possess.

This is exactly how most marijuana cases start in Lake Mary — not at major “drug stops,” but from routine traffic stops.

What if You Have a Medical Marijuana Card?

A medical marijuana card can be a defense to a possession charge in Florida, but only if:

• The card is valid and not expired
• The marijuana was obtained from a legal dispensary
• It was in the sealed container that it came in from the dispensary
• You were not driving while impaired

Even those with a valid medical marijuana card can be arrested and charged if:

• The marijuana is loose or repackaged in any way
• There is no proof of where it came from
• The amount is more than personal medical use
• The officer can show signs of impairment

Having a medical marijuana card is not a free pass; it is just a limited defense that has to be proven.

So, How Much Marijuana Triggers a Criminal Charge?

Even a small amount can be a misdemeanor. If the police say it is more than “personal use” or if they find other items, such as bags or scales, it can become a felony.

One important fact you might not realize, though: You don’t have to be holding the marijuana to be charged. It just needs to be near you — such as in a glove box, under a seat, in the trunk, or in a shared home or car — and you could be accused of “constructive possession.”

Scenario: “It Wasn’t Mine”

A common Lake Mary scenario is when one person is a passenger in another person’s car. Imagine you are riding with friends through Lake Mary. Police pull the car over, search it, and find marijuana under a seat. Nobody claims ownership. The officer decides everyone “had access” to it, and you are all being charged, even if the marijuana did not belong to you.

This is the type of constructive possession case that can often be defended because the prosecutor has to prove more than just proximity.

Penalties: What You’re Really Facing

As mentioned, attitudes about marijuana are changing throughout the nation. However, the law here in Florida still treats it as a drug offense, which can carry penalties such as:

• Arrest or a criminal citation
• Fines
• Probation
• Drug testing
• Classes
• Permanent criminal record

For non-citizens, even a small marijuana case can create immigration issues, such as denial of re-entry or visa problems.

Search and Seizure Is a Major Defense Issue

In a large percentage of Lake Mary marijuana cases, how the police found the drugs becomes a major legal issue. If the search was illegal, the case can be defeated.

Possible defenses include:

• Police used “odor of marijuana” as an excuse to search without a real cause
• You never consented to the search
• You were unlawfully detained for a long period after the stop
• The officer never had cause to extend the stop

If the judge rules the search was illegal, the marijuana cannot be used as evidence.

Scenario: The “Odor Only” Search

An officer says they “smell marijuana” and immediately begins searching your vehicle. However, if the body camera video shows no admission from you, no visible marijuana in the car, and no probable cause beyond a vague statement, that search can often be challenged.

The thing many people don’t realize is that officers still use “odor” — even now that hemp and CBD products have a smell identical to marijuana. It can also work in your favor legally.

Defenses That May Apply

Depending on the facts of the case, various defenses could apply in a Florida marijuana case, such as:

• No proof of ownership
• No valid search warrant or probable cause for the search
• Unlawful traffic stop
• Violation of constitutional rights
• Lack of knowledge that marijuana was there
• Medical marijuana card
• Evidence mishandled or improperly tested

Remember, you do not have to prove innocence — the prosecutor has to prove guilt.

Why You Should Never Just “Plead Guilty” To Get It Over With

The problem with most marijuana cases is that they may seem like a “minor offense,” but a conviction stays on your record forever. It can affect your:

• Employment
• Housing
• Security clearances
• College or financial aid applications
• Professional licenses
• Future background checks

Most people who just “want to get it over with” don’t think about the long-term consequences, which often aren’t “small” at all.

Get Proper Legal Guidance From a Skilled Marijuana Defense Attorney

Times are changing, and attitudes toward marijuana are more relaxed. However, Lake Mary still treats possession as a criminal offense unless you have a valid medical marijuana card and follow all the rules. Most arrests occur during routine traffic stops, and many charges can be defended, especially when police fail to follow legal procedures or rely on “odor only” as probable cause.

If you were stopped and police found marijuana on or near you, it is important to get legal guidance early so you can protect your record and your rights. Contact our office today.