Florida Drug Possession Defense
Florida has a significant number of laws prohibiting the possession, manufacturing, sale, or distribution of several different drugs. The penalties for conviction under one of these laws may include a jail or prison sentence, fines, community service, mandated therapy, and other requirements.
Drug possession charges in Florida may be misdemeanors or felonies, with a wide range of penalties. However, all drug possession charges tend to be aggressively prosecuted, so it’s important to meet the charges with an equally aggressive defense – one that protects your legal rights and fights for the best possible outcome in your case. The Jacksonville drug crime attorneys at Farah & Farah can provide you with a free consultation on your case at 855-797-9899.
Types of Possession
A drug possession charge in Florida may fall under one of two categories: simple possession or possession with intent to sell.
What Is Simple Possession?
“Simple possession” involves having some amount of a prohibited drug, but not selling, manufacturing, or distributing the substance. Simple possession of less than twenty grams of marijuana is a misdemeanor in Florida, carrying a maximum penalty of one year in jail and/or $1,000 in fines. Other possible penalties include community service, therapy, or probation.
Simple possession of twenty grams or more of marijuana, or of most other controlled substances in any amount, is a third-degree felony in Florida. This includes possession of drugs like cocaine and heroin, as well as possession of prescription medications without having a valid prescription. The maximum prison term for a third-degree felony conviction in Florida is five years, and the maximum fine is $5,000.
What is Possession with Intent to Sell?
“Possession with intent to sell” includes both having the substance and intending to distribute it. The specific charge, and therefore the penalties that come with conviction, often depend on what kind of controlled substance is involved. For instance, possession with intent to sell marijuana may be charged as a third-degree felony, while possession with intent to sell other controlled substances, such as cocaine, may be charged as a second-degree felony. A second-degree felony in Florida carries a penalty of up to 15 years in prison and/or a $1,000 fine if convicted – along with other possible penalties.
What is Possession of Drug Paraphernalia?
In addition to penalizing possession of certain drugs, Florida law also prohibits possession of drug paraphernalia. The law defines “drug paraphernalia” broadly to include a wide range of items related to drug use, sale, transport, manufacture, packaging, and other activities.
A conviction for possession of drug paraphernalia is typically a first-degree misdemeanor in Florida, which carries a maximum penalty of one year in jail and/or a $1,000 fine.
Defending Your Rights
Drug charges in Florida can be a challenge to confront, and the penalties for a conviction can be steep. That’s why it’s crucial to secure the help of a Jacksonville defense attorney as soon as possible. At Farah & Farah, we have the legal resources and practical experience to protect your rights and fight for the best possible results in your case. Contact us today for a confidential case evaluation at 855-797-9899