Monday, October 27, 2014

Can I be charged with Felony Possession if there's a Misdemeanor amount of Pot in my Brownies? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Cops booked me for felony possession of marijuana. I had pot brownies not marijuana. It was only 17g of pot in brownies.  Cops booked me for felony possession of marijuana. I had pot brownies not marijuana. It was only 17g of pot in brownies.

A:   Chosen as "Best Answer" by Asker on AVVO!

Michael Adam Haber


Contributor Level 20


Lawyers agree
Answered You have an interesting issue. Can you separate the marijuana from the brownies or are they inextricably intertwined. Its definitely the difference between a misdemeanor and a felony.

Unfortunately for you the answer is most probably that they will weight the entire thing (brownies and pot and all) to come up with the weight.  Please take a look at #HaberPA's VideoFAQ # 182)  How is Weight Calculated in Drug Trafficking Cases in FL? @

The language that the statute uses for controlled substance is “any salt, derivative isomer, or salt of an isomer thereof”, and FL defines a “mixture” as “a solution or a dosage unit, including but not limited to a gelatin, capsule, pill or tablet containing a controlled substance”

So if you’ve got powdered cocaine they will weight it.  They don’t, and they won’t, separate the cocaine from the cut.  They’ll weight it all. And if you’ve got pills, be them Ecstacy, Oxycodone or any other pill, then they’ll weight them.  Whole. Intact.  They won’t separate the opiate or other controlled substance from any other substances that are contained in the pill.  And if you’re caught cultivating marijuana then they’ll weight the plant, the whole plant.  The roots, the stems... all of it.  And whatever weight the cops swear to the State is almost certain to try to hold you accountable for.

That said you are always free to have a defense expert re-weigh the substance in question, but what you’re not permitted to do is to argue that the controlled substance should be separated out, and that only the weight of the actual controlled substance should be held against you.

Still, Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney's Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables ("free radicals" if you will) all of which combine to make it impossible to predict what will happen in a given case.

The best advise you are going to get on a given case is to find yourself a local criminal defense attorney (in your case in the J-ville area), make an appointment, show up on time and bring with you as much relevant paperwork or information as possible.

Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search either Avvo or the Florida Association of Criminal Defense Lawyers website by locality (please see - and click on the "Find A Lawyer" tab).

I hope that this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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