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Drug Possession and Your Legal Rights

Law enforcement takes the possession of elicit drugs very seriously. A number of drug charges carry significant penalties such as  a minimum mandatory prison sentence, driver’s license suspension, and a criminal record that will follow you for a lifetime.

There are many defenses to these alleged crimes even if the elicit drugs were found on your person, in your home, or in your vehicle. Our Criminal Defense Attorneys will FIGHT for you and ensure that your Constitutional Rights are protected!

The most common drug charge in the State of Florida is possession. Under Florida Law there are two ways in which a crime of drug possession can be charged and proven.

  1. Actual Possession
  2. Constructive Possession.

Actual Possession means drugs were found on your person or in arms reach of your person.

Constructed Possession means that the drugs were in a location you had control over. With Constructive Possession the State of Florida must prove knowledge of the drug as well as control.

It is very important to hire an experienced attorney who will fight for you and exhaust all options in defending your Constitutional Rights!

If you are arrested for possession of an elicit drug, that arrest will follow you a lifetime regardless the lawfulness of the arrest. It is important to hire an aggressive defense attorney who will  FIGHT for you an obtain outcome that will allow for the Expunction or Sealing of the arrest in the future.

Let a Drug Possession Lawyer Who Knows the Law FIGHT FOR YOU!

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Your Guide to Florida Drug Possession Penalties

Possession of Marijuana (20 grams or less)

  • Possession of 20 grams or less of marijuana is a First Degree Misdemeanor.
  • A 1st degree misdemeanor has a maximum penalty of 1 year in jail and a $1000 fine.

Possession of Marijuana (more than 20 grams)

  • Possession of more than 20 grams of marijuana is a Third Degree Felony.
  • A 3rd degree felony has a maximum penalty of 5 year in jail and a $5000 fine.

Possession of a Controlled Substance (Heroin, Cocaine, Ecstasy)

  • Possession of a Controlled Substance, which could be cocaine, heroin, meth, ecstasy, or other illegal drugs is a 3rd Degree Felony.
  • A Third degree penalty carries a maximum penalty of 5 years in jail and up to a $5000 fine.

Possession of More than 10 grams of Heroin

Possession of more than 10 grams of Heroin (and/or most Schedule I drugs and related opiate substances as listed in §893.03(1)(a) or (1)(b) ) is a 1st Degree Felony. A first degree felony has a maximum penalty of 30 years in prison and fines of up to $10,000.

Possession of an Unlawful Chemical

Possession of a listed chemical with the intent to unlawfully manufacture a controlled substance is a 2nd Degree Felony. These chemicals may include ingredients to make methamphetamines, ecstasy, GHB, or other drugs. A second degree felony has a maximum penalty of 15 years in jail and a $10,000 fine.

Possession of Drug Paraphernalia

  • The use, possession, manufacture, delivery or advertisement of drug paraphernalia is a 1st Degree misdemeanor.
  • Drug paraphernalia as defined under Florida law may include pipes, bongs, other smoking devices, spoons, needles, syringes, scales, measuring or preparation devices, containers, bags, and other items.
  • A first degree misdemeanor has a maximum penalty of 1 year in jail and a $1000 fine.

Possession of Prescription Drugs

You may be charged with possession of prescription drugs if you do not have a legitimate prescription from a licensed doctor. Penalties depend on the substance of the pill but many opiates are considered 3rd degree felony punishable up to 5 years in prison and up to $5,000 in fines.

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