DeLand Family Law & Criminal Defense Attorneys
Three Decades of Collective Legal Experience Defending Cases in DeLand, Daytona Beach, West Volusia & the Flagler Area

Deland Marijuana Attorney

Ready to Protect Your Rights & Freedom from Prosecution

Florida’s hemp law came into effect on July 1, 2019, making the cultivation and sale of hemp legal throughout the state. Although cannabis is still illegal, SB 1020 has made it difficult for law enforcement to make new marijuana possession arrests and state courts to prosecute pending cases.

If you are facing marijuana possession charges in Deland, Buckmaster & Ellzey can help avoid going to jail or get your case dismissed altogether. With more than 35 years of collective legal experience, we have a thorough understanding of the criminal justice system to guide you through the intricacies of the legal process and obtain the best possible outcome in your case.

The Revised Definition of Cannabis in Florida

The new law considers hemp and hemp-related products like CDB oil to have less than 0.3 percent THC, which is the ingredient that gives users a high. By contrast, anything more than .03 percent THC is marijuana.

The revised definition has made arresting and prosecuting marijuana offenders difficult since police filed tests and state crime labs cannot detect the levels of THC in a substance sample—only the presence of cannabis. Both hemp and pot appear and smell the same, which renders current testing measures useless.

As a result, many state attorney’s offices in Florida have stopped prosecuting low-level marijuana crimes for the time being. However, police officers can still make an arrest by using the “odor plus standard,” which requires them to obtain circumstantial evidence in addition to detecting the smell of cannabis.

Common forms of circumstantial evidence in marijuana possession cases include:

  • Illegal substance in plain view
  • Possession of drug paraphernalia (e.g. joint, blunt, pipe, bong, etc.)
  • Signs of impairment (e.g. red eyes, slurred speech, delayed reactions, erratic driving pattern, etc.)
  • Any other illegal activity

A conviction for possession of up to 20 grams of marijuana is a misdemeanor offense, which carries a maximum one-year jail sentence and a fine not exceeding $1,000.

Call (888) 222-1679 for Experienced & Skilled Legal Services Today

The complexities of the Florida hemp law have presented an opportunity to help those facing marijuana possession charges avoid getting convicted. Do not wait any longer to let our firm help you obtain the results and justice you deserve.

Contact us today for more information.


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Buckmaster & Ellzey

110 W Indiana Avenue, Suite 203
DeLand, FL 32720

Phone: (888) 222-1679

Regular Hours
  • Monday - Friday 8:00am - 5:00pm
Deland Location

110 W. Indiana Avenue
Suite 203
Deland, Florida 32720