Tampa Marijuana Possession & Distribution Attorney
Florida has not fully decriminalized marijuana, and Tampa sits in Hillsborough County, where prosecutors have historically taken drug charges seriously. A Tampa marijuana possession and distribution attorney can make a meaningful difference in how your case is resolved, whether you are holding a small amount for personal use or facing a distribution charge tied to a larger quantity. Omar Abdelghany of OA Law Firm has defended hundreds of cases in Florida criminal courts and handles marijuana charges directly, without routing your case to an associate or an assistant.
What Florida Law Actually Says About Marijuana Charges
Florida still classifies marijuana as a Schedule I controlled substance under state law. That means possession, sale, delivery, and trafficking are all criminal offenses, even for small amounts. The decriminalization measures passed in some Florida cities do not override state law, and state charges can still be filed regardless of local ordinances.
Simple possession of 20 grams or less is a first-degree misdemeanor, carrying up to one year in jail and a fine. Possession of more than 20 grams becomes a third-degree felony, which carries up to five years in prison. When the quantity increases into the hundreds or thousands of grams, Florida’s mandatory minimum trafficking statutes come into play, and the sentencing landscape changes dramatically.
Distribution charges are treated differently from possession. Selling marijuana, delivering it, or manufacturing it can result in felony charges regardless of quantity. And once law enforcement believes a person is distributing rather than merely possessing, the charge escalates quickly. A text message, a scale, or a larger-than-personal-use amount found in your car can be used to support a distribution theory even if no transaction was ever observed.
How These Cases Come Together, and Where They Fall Apart
Most marijuana cases in the Tampa area begin with a traffic stop, a search of a home or vehicle, or an arrest that started as something else entirely. The way law enforcement gathered its evidence matters enormously. Florida and federal constitutional protections against unreasonable searches and seizures apply directly here, and if officers exceeded their authority, evidence obtained as a result may not be usable at trial.
A few things worth understanding about how these cases actually develop. Traffic stops are the most common origin point. An officer who claims to smell marijuana can use that as probable cause for a search, but that claim has to hold up to scrutiny. Was the window down? Was the engine running? Was the stop itself lawful in the first place? These are not trivial questions. Omar carefully reviews police reports and the sequence of events leading to any search or arrest, because gaps in the officer’s account can be the difference between a conviction and a dismissal.
Home searches present a different set of issues. Warrants must describe with particularity what officers are searching for and where. If the warrant was overbroad, or if officers searched areas not covered by the warrant, suppression of that evidence becomes a viable argument. Consent searches are another category where the record frequently does not match what the officer reports. People often feel they have no choice but to allow a search, even when they technically do. Whether consent was truly voluntary is a legal question worth examining.
For distribution cases, the prosecution typically relies on circumstantial evidence: the quantity found, the packaging, the presence of scales or cash, and any communications on a defendant’s phone. Omar analyzes each of these individually. A large amount of marijuana does not automatically prove intent to distribute. Packaging does not automatically prove a sale occurred. The state must prove every element of the charge, and in distribution cases, that burden is real.
Consequences That Go Beyond the Courtroom
A marijuana conviction in Florida carries consequences that follow a person well past sentencing. Florida law requires a driver’s license suspension for any drug conviction, including marijuana possession. That affects people’s ability to get to work, care for family members, and maintain their daily routines. For non-citizens, a drug conviction can trigger serious immigration consequences, including removal proceedings and bars on obtaining certain immigration benefits. For students, a drug conviction can affect federal financial aid eligibility. For licensed professionals, from nurses to contractors to real estate agents, a drug conviction can trigger disciplinary proceedings with their licensing board.
These are not secondary concerns. For many people facing a marijuana charge, the indirect consequences matter as much as the potential jail time. Omar discusses the full picture with his clients so that every decision about how to handle a case is made with complete information. That means talking through what a plea might mean for a professional license, what a trial means in terms of timeline and outcome range, and what diversion programs might be available based on the specific charge and the client’s record.
Questions Tampa Residents Actually Ask About Marijuana Charges
Does Florida have any diversion programs for marijuana possession?
Yes. Hillsborough County and other surrounding jurisdictions offer pretrial diversion programs for certain first-time offenders facing possession charges. Completion of the program can result in the charge being dismissed. Eligibility depends on the specific charge, the quantity involved, and the person’s prior record. Not every case qualifies, and the terms of diversion programs vary, so it is worth exploring this option early in the process.
Can I be charged with distribution if I was not actually selling anything?
Yes. Florida law covers delivery and manufacture in addition to sale. “Delivery” does not require money changing hands. Sharing marijuana with someone, even without payment, can technically qualify as delivery under the statute. Prosecutors also frequently charge distribution based on circumstances suggesting intent to distribute, even without direct evidence of a transaction.
What happens if the marijuana was found in a shared space like a car or apartment?
Constructive possession charges arise regularly in exactly these situations. The state has to show that a person knew about the drugs and had the ability to control them, not just that they were physically nearby. If multiple people shared access to a space, that creates a real question about who, if anyone, had actual or constructive possession. These situations are highly fact-specific and worth examining carefully.
Will a marijuana conviction show up on a background check?
Yes, unless the record is sealed or expunged. Florida allows sealing and expungement in certain circumstances, but only if the person has not previously sealed or expunged a record and only for qualifying offenses. A conviction that results in a guilty verdict, rather than a withheld adjudication, is not eligible for sealing or expungement. How a case resolves has direct consequences for what can be done with the record afterward.
Can a charge be reduced from distribution to possession?
This happens, and it is one of the outcomes worth pursuing in a distribution case where the evidence of actual distribution is thin. Negotiating a reduced charge is something Omar considers alongside other strategies depending on the facts. Whether that is realistic in a given case depends on what the state can actually prove and how the investigation was conducted.
What if I have a prescription from another state where medical marijuana is legal?
Florida has its own medical marijuana program with specific registration requirements. An out-of-state medical card does not provide protection under Florida law. If you are not registered in Florida’s system, having marijuana in the state is treated as unlawful possession regardless of what another state authorized. This is a common misunderstanding that can lead to a charge in Florida.
Do I have to answer questions from law enforcement after an arrest?
No. You have the right to remain silent and to have an attorney present during questioning. Invoking that right clearly and immediately is something Omar advises anyone who has been arrested to do before saying anything else about what happened.
Talk to a Tampa Marijuana Defense Lawyer About Your Case
OA Law Firm handles marijuana possession and distribution cases across the Tampa Bay area, including Hillsborough, Pinellas, and Pasco counties. Omar Abdelghany personally handles every matter in the office, which means the person you speak with from day one is the attorney who will be in the courtroom if your case goes to trial. He is licensed in all Florida courts as well as the U.S. District Court for the Middle District of Florida. If you have been charged with a marijuana offense and want to understand your options clearly, contact OA Law Firm to schedule an initial consultation with a Tampa marijuana defense attorney who will give your case the direct attention it requires.
