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What can happen when you are caught with a gram of marijuana in Miami, Florida?

Miami, FL |

I have never been arrested before, this is my first charge. I was in a gas station and the police officer just tapped on our window and saw the substance. There was clearly no intent in selling.

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Attorney answers 5


Do you have any prior arrests? If not, you may be eligible for a first time offender program where the case will ultimately be dropped.

I practice in Miami. Call me if you have any questions.

Larry McMillan
Donet, McMillan and Trontz


You could be charged with a misdemeanor in the 1st degree, which is punishable by up to 1 year in jail and a fine of up to $1,000. A conviction will also cause the suspension of your driver's license for 2 years. Being a first time offender, you may be able to avoid most of these penalties but you need to contact a criminal defense attorney right away.

If you'd like, you can call me for a free consultation. My # is 305-965-0657.

Good luck!!

The opinion expressed by the attorney is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this web site or to the attorney's opinion does not create an attorney-client relationship between the questioner and the attorney.


Possession of Pot is a first degree Misdemeanor. You could face up to a year in the county jail or 1000 dollar fine. However that is very very unlikely. If you have no priors you may get diversion and get case dropped. If you have light criminal history, a fine or probation with drug counseling. You will want to avoid a conviction bc you could lose your dl for up to 2 years. It is best to hire experienced counsel to assist you. Good luck!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.


You will be charged with possession of cannabis, a first degree misdemeanor. Consult with an attorney, as this may have other consequences, i.e. deportation, driver's license suspension, etc.


Since this is your first arrest, you will have many options available to you.

You will be eligible for a diversion program. Additionally, you may be able to challenge the search which would be dependent on the facts and why you were stopped, etc.

Feel free to contact me should you decide to retain an attorney to guide you through the legal process. My offices are located here in Miami and I regularly handle cases like this.

Best of luck.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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