Q: How is it that the police can take half of pound of weed from a person but not give a citation

A: Are you asking if police MUST charge someone with the crime of marijuana possession (in Fla.) if they find half a pound of it in someone's possession? The answer is no, because it is within their discretion to charge or not to charge.

Or are you asking if it is legal for police to confiscate marijuana from someone and not even make a written incident report (in addition to not charging the person)? The answer to that is no.

A: It can be confusing when police take a significant amount of marijuana but don’t issue a citation. Often, this depends on the local laws and regulations regarding cannabis. In some areas, possessing a certain amount of weed might lead to confiscation without it being classified as a criminal offense, especially if there have been recent changes in legislation.

Additionally, law enforcement agencies may have specific policies that prioritize confiscating larger quantities to prevent distribution, while smaller amounts might not warrant a citation. Resources and current priorities of the police department can also influence how they handle such situations. They might focus on keeping cannabis off the streets without pursuing legal action against every individual possession case.

It’s important to familiarize yourself with the laws in your area to understand your rights and what to expect in these situations. If you’re unsure or need more detailed information, consulting with a legal professional can provide clarity based on your specific circumstances.