Marijuana Crimes in Polk County

What happens if you are caught with marijuana not purchased from a dispensary with a valid medical marijuana card in Polk County, FL? Many law enforcement agencies have basically stopped arresting people for low level marijuana offenses, but in Polk County, those arrests are still occurring. The most common offense is possession of less than 20 grams of cannabis can be charged as a first degree misdemeanor which is punishable by up to 12 months on probation (or in jail) and a $1,000 fine.

For misdemeanor marijuana charges in Polk County, FL, the officer can either formally arrest you or issue a notice to appear in court at a later date. After the arrest or issuance of a “notice to appear,” the assistant state attorney in Polk County, FL, reviews the case to see whether charges should be filed. If so, the assistant state attorney might file a “direct information” which is a formal charging document. The filing of the direct information triggers an arraignment hearing being scheduled.

At the arraignment, the judge will read the charges, ask for a guilty or not guilty plea, and inquiry about whether you want a public defender assigned or intend to hire a private attorney. If you waive your right to an attorney and just plead guilty, you will likely receive a harsher penalty than people represented by counsel. If you enter a guilty or “no contest” plea, the court can then sentence you to 12 months probation (or jail) to complete special conditions such as paying a fine, court costs, costs of supervision, costs of investigation, costs of prosecution, counseling, drug testing, and community service.

For a first offense, some people are offered a diversion program that requires them to be on supervision to pay a supervision fee of $70 a month, pay most of the same expenses, attend drug counseling, and submit to random drug testing. If the person failed to comply with the diversion program, then the docket will show a notation that says “diversion breached” and a new court date will be set.

For a second or subsequent offense, the prosecutor might ask for up to 12 months probation (or jail) with a withhold of adjudication (no conviction) or an adjudiction of guilt (conviction). If the court does not withhold adjudication, then a conviction typically comes with a six (6) month court ordered driver’s license revocation.

Attorney for Marijuana Crimes in Polk County, FL

Most of our clients don’t want to enter a diversion program for marijuana charges in Polk County, FL. Many of these cases involving an illegal stop or prolonged detention. If the marijuana was seized without a warrant, then the attorney can file a motion to suppress. In other cases, the attorney can file a motion to dismiss the charges if the prosecutor is without sufficient evidence to show actual or constructive possession.

Read more about how our attorneys fight possession of marijuana charges in the courtrooms throughout the greater Tampa Bay area including in Winter Haven and Bartow in Polk County. For people who “breached” diversion, we can help you resolve the underlying cases by fighting the charges on the merits.

When it comes to fighting drug crime charges in Polk County, FL, experience matters. Let us put our experience to work for you.

Call 813-250-0500.

Driver’s License Revocation for a Marijuana Conviction

If you get convicted for possession of marijuana in Polk County, FL, the court might impose a 6 month to 12 month court ordered driver’s license revocation. If so, the court might fill out a form called the “COURT ORDER REPORT OF DISPOSITION [Driver’s License Suspension].” The form provides:

FOR USE ONLY FOR THE CLERK OF COURT TO PROMPTLY REPORT DISPOSITIONS TO DHSMV WHEN A UNIFORM TRAFFIC CITATION WAS NOT ISSUED. IMPORTANT: DO NOT REPORT DISPOSITIONS 316, 320, AND 322 ON THIS FORM. UNIFORM TRAFFIC CITATIONS ARE REQUIRED FOR REPORTING THESE DISPOSITONS.

PLEASE NOTE: COURT SEAL OR CLERK’S SEAL REQUIRED ON THIS FORM.

NAME: _____

SEX: _____

RACE: ______

ADDRESS: _________

DATE OF BIRTH: _______

CASE NUMBER: _______

LAW ENFORCEMENT AGENCY: _________

OFFENSE DATE: _______

DRIVER’S LICENSE #: _____________

SOCIAL SECURITY NO.:

VIOLATION/F.S. (ONE PER FORM):

___[[Florida Statute Section 893.13(6)(B) MISDEMEANOR POSSESS OF CANNABIS]]

___MISDEMEANOR _______________

___FELONY _________________

VEHICLE INVOLVED?

AMOUNT OF CONTROLLED SUBSTANCE, IF APPLICABLE: _____

VERDICT: Guilty

SENTENCE: ___ months probation

DISPOSITION DATE: _____

• DRIVER’S LICENSE RESTRICTED TO BUSINESS PURPOSE ONLY AS PROVIDED IN F.S. 322.055, IF APPLICABLE: ☐ YES ☐ NO
• DRIVER’S LICENSE RESTRICTED TO EMPLOYMENT PURPOSE ONLY AS PROVIDE DIN F.S. 322.055, IF APPLICABLE: ☐ YES ☐ NO

COUNTY: POLK

CITY: 32

COURT TYPE: ☐COUNTY ☐ MAGISTRATE ☐ CIRCUIT

LENGTH OF SUSPENSION: ___ months

LENGTH OF REVOCATION: ___ MONTHS

MAGISTRATE CIRCUIT ТОВАСCO VIOLATION- SUSPEND DRIVER’S LICENSE BASED ON: ☐ VIOLATION ONLY or ☐ CONVICTION

ТОВАСCO VIOLATION – SUSPEND DRIVER’S LICENSE BASED ON: 30 DAYS ☐ 45 DAYS ☐ 60 DAYS

DRIVER’S LICENSE PICKED UP BY THE COURT: YES ☐ NO ☐

Stacy M. Butterfield, CPA,

Clerk of the Circuit Court & Comptroller

Signed: _____Deputy Clerk

Mailed to DHSMV on: _____

TELEPHONE: 863-534-4000

MAIL TO: Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-228 Tallahassee, Florida 32399-0580

Driver’s License Suspension for a Drug Conviction

According to the Florida DHSMV, a driver license will be suspended for at least one year for a conviction of possession or sale of, trafficking in, or conspiracy to possess, sell or traffic a controlled substance.

After six months from the effective date of the revocation, a driver may apply for a hardship license through their local Administrative Reviews Office. To obtain a hardship license, the driver must submit proof of a Licensed DUI Program school completion and pay a reinstatement fee, along with any other applicable license fees. (Additional suspensions may require additional clearance requirements). A hardship license restricts driving to employment or business purposes only.

If the revocation period has expired, the driver may apply for a full reinstatement of the driving privilege by paying a reinstatement fee, along with any other applicable license fees, to any Florida driver license service center. (Additional suspensions may require additional clearance requirements).

You may check the status of your driver license by using the DHSMV Online Florida Driver License Check.

This article was last updated on Monday, May 4, 2026.