Felony Drug Charges: When Possession of Marijuana Turns Into a Felony Charge

Possession of marijuana may seem like it’s nothing more than a minor offense, but certain situations can turn this misdemeanor crime into a felony charge with serious consequences. 

It is important to understand how law enforcement or the State Attorney’s Office may view “simple” possession of marijuana as a more serious felony. If you have been charged with felony possession of marijuana or possession of marijuana with intent to distribute, an awareness of these issues will assist you in working with a drug defense attorney in Clearwater to build a strong defense strategy. In many cases, early intervention can make a significant difference in the outcome of your case.

When Does “Simple” Possession Turn Into a Felony?

Possession of marijuana can be charged as a felony on a number of different theories. The amount of marijuana seized by law enforcement,, and evidence of intent to distribute, and the form of the marijuana all influence the overall severity of charges. 

For example, possessing 20 grams of marijuana or more can result in a felony charge, as can the presence of a scale, empty baggies for packaging, or any additional evidence (like text messages or internet postings) that suggest an intent to sell. 

What the Court Considers as Intent to Distribute

When the court is seeking evidence of intent to distribute illegal substances, they will look for items like packaging materials, multiple containers, or large sums of cash. If found, law enforcement may try to rely on these facts to make an arrest for possession with intent to distribute. This holds true even in situations where the actual amount of marijuana is a misdemeanor amount (i.e., less than 20 grams). 

Why Seeking Legal Guidance Matters For Your Case

A felony drug charge can cause life altering consequences to include a permanent criminal record, a driver license suspension, a lengthy period of probation, or jail or prison time.,. However, a knowledgeable Clearwater drug defense attorney with The Law Offices of Marc N. Pelletier defends you, negotiates on your behalf, and explores options like diversion programs or alternative sentencing that are designed to avoid conviction and incarceration. 

While the facts of every case vary and require individualized strategies, the common denominator is that early legal involvement of an experienced Pinellas County criminal defense attorney is key to protecting your best interests.

If You Are In Need of Legal Counsel, Work With Someone With Over Two Decades of Experience

Many people think that marijuana possession is “just” a minor offense. Whether the charge is a felony or a misdemeanor, if you are facing drug charges, working with a drug crimes attorney in Clearwater who has specific experience in successfully handling cases such matters will help set you up to achieve the most favorable outcome of your case. 

We are here for you. Call The Law Offices of Marc N. Pelletier today at (727) 493-9386 or request a free case consultation.