Marijuana Arrests Continue in Miami-Dade Despite Non-Prosecution Policy

As experienced Miami criminal defense lawyers, we’re deeply concerned by recent findings showing thousands of unnecessary marijuana arrests continuing across Miami-Dade County. A Miami Herald investigation revealed that despite the State Attorney’s 2019 policy ending prosecution of minor marijuana cases, over 4,200 people have still faced arrest – with concerning racial disparities in enforcement.

The Current State of Marijuana Enforcement in Miami-Dade

The investigation found:

  • More than 4,200 arrests for misdemeanor marijuana possession since August 2019
  • Nearly 60% of those arrested were Black residents despite making up only 18% of the county population
  • Prosecutors ultimately dropped 97% of cases
  • Many police departments continue arrests despite knowing cases won’t be prosecuted

Your Rights and Police Powers

While prosecutors may not pursue charges, police still claim authority to:

  • Make arrests for marijuana possession under 20 grams
  • Use marijuana smell as probable cause for vehicle searches
  • Issue civil citations ($100 fine) instead of arrests in some jurisdictions

However, enforcement varies significantly between departments. Some agencies have largely stopped marijuana arrests, while others – notably Miami Beach Police – maintain aggressive enforcement.

What To Do If Arrested for Marijuana Possession

If you’re arrested for marijuana possession in Miami-Dade:

  1. Remain calm and polite but exercise your right to remain silent
  2. Do not consent to searches of your person, vehicle, or belongings
  3. Request an attorney immediately
  4. Do not discuss the case with anyone except your lawyer
  5. Contact an experienced criminal defense attorney as soon as possible

The Real Impact of Marijuana Arrests

Even when cases are dropped, an arrest can have serious consequences:

  • Time spent in jail (average 17+ hours)
  • Bond and court costs
  • Lost wages and possible job loss
  • Professional license implications
  • Background check issues affecting employment and housing
  • Immigration consequences for non-citizens

How We Can Help

Our criminal defense firm has extensive experience handling marijuana cases throughout Miami-Dade County. We can:

  • Work to get charges dismissed quickly
  • Challenge illegal searches and seizures
  • Seek to prevent the arrest from affecting your record
  • Protect your rights throughout the process
  • Address any collateral consequences

Looking Forward

With Florida voters potentially deciding on marijuana legalization in November 2024, enforcement policies may soon change dramatically. However, current arrests continue to impact communities of color disproportionately and can have lasting effects even when cases are dropped.

If you or someone you know faces marijuana charges in Miami-Dade County, contact our experienced defense team immediately. We understand both the legal landscape and practical implications of these cases. Let us help protect your rights and freedom.

CALL US for a FREE CONFIDENTIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our secure intake form. The sooner you have experienced legal representation, the better your chances of resolving these charges favorably. The additional information you provide will greatly assist us in responding to your inquiry.*

*Due to the large number of people who contact our law office requesting our assistance in theft crime cases, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

ALWAYS INVESTIGATE A CRIMINAL DEFENSE ATTORNEY’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A THEFT LAWYER FOR YOUR PROPERTY CRIMES CASE MIAMI-DADE COUNTY