Types of Drug Charges in Florida

It can be a scary and confusing time if you're facing a drug charge. Knowing that drug charges in Florida often come with stiff penalties, you may fear for your future. 

A Florida criminal defense attorney can help you build a defense on your behalf and represent you aggressively in and out of court. That's why it's always a good idea to consult with a defense lawyer immediately following a drug-related arrest.

What is Considered Drug Possession in Florida?

In Florida, a charge for drug possession results from knowingly and illegally possessing a controlled substance. The possession of a drug can either be for personal use or to distribute or sell the substance. 

Florida law makes it illegal to possess a controlled substance unless a person has a valid prescription from their doctor for the medication in their possession. 

Possession can either be actual or constructive. Someone with actual possession of a drug has the drug on them. For example, if law enforcement finds the drugs in a person's purse or pocket, they'd actually possess the drugs. 

Constructive possession is a bit more challenging to prove. When someone has constructive possession of a drug, law enforcement finds drugs in their area, but not necessarily on their person. For example, if the police stop an individual’s vehicle and find drugs in the glove compartment, this would entail constructive possession.

Whether possession is actual or constructive, an offender still faces the same drug possession charge.

List of Drug Charges and Sentences in Florida

In Florida, drug possession charges can result in serious consequences, including fines, probation, and even jail time. The severity of the punishment depends on several factors such as the type and amount of drugs involved, previous criminal history, and intent to distribute. This section will provide an overview of the different types of drug charges and corresponding sentences in Florida.

Types of Florida Drug Charges

There are several types of drug charges in Florida.

Possession with Intent to Distribute

Drug possession is one charge, but a person can also face charges for possession with intent to distribute. What differentiates the two charges is the number of drugs the individual is caught with. 

When law enforcement finds a small amount of drugs on a person, it would likely appear for personal consumption, resulting in drug possession charges. However, if they uncover a larger quantity, they could surmise that the individual intended to distribute the drugs. Police will also look to see if you have scales, small baggies, or cash wrapped in particular ways to assess if the drugs were possessed with the intent to sell.

Drug Trafficking

Drug trafficking charges are similar to those for distribution charges, and the critical distinction is the quantity or weight of the substances in question.

When police find illegal drugs over a certain amount or weight, charges escalate from distribution to trafficking. If the trafficking involved crossing state lines or importing/exporting to another country, the accused trafficker could also face federal charges. 

Possession of Drug Paraphernalia

Drug paraphernalia can consume, conceal, or produce illegal substances. Common examples of drug paraphernalia include:

• Scales
• Baggies
• Bongs or pipes
• Small spoons
• Syringes

Possessing any drug paraphernalia is illegal and could result in criminal charges, even if there are no drugs. 

Manufacturing or Delivery

In Florida, aside from possessing drugs, it's also illegal to manufacture or deliver illicit substances. 

Manufacturing entails producing drugs or other products used to make illegal substances. Drug delivery is similar to drug distribution, as an offender delivers illegal substances, usually for sale.

What Are Controlled Substances?

Florida law, similar to federal law, has a classification system, separating drugs based on their medical value and the likelihood of addiction and abuse from Schedule I to Schedule V. A controlled substance is any substance named or described on this list.

The schedule types include the following:

• Schedule I: Substances with a high potential for abuse or dependency with no medical value, including heroin, cocaine, and LSD
• Schedule II: Substances with a high potential for abuse with some medical value, including codeine and morphine
• Schedule III: Substances with less potential for abuse and dependency but likely high psychological dependence, including anabolic steroids and testosterone
• Schedule IV: Substances with lower potential for abuse with medical value, including tramadol and diazepam
• Schedule V: Substances with the lowest potential for abuse or dependency, including cough suppressants

Drug schedules play a vital role in determining the type of substance involved in drug charges in Florida and the penalties an offender may face.

Florida Penalties of Drug Charges

Penalties for drug charges in Florida vary depending on several factors, including the type of crime.

Crimes may be classified as either misdemeanors or felonies. Misdemeanors are considered less serious, while felonies are more severe and often have significant penalties.

First-Degree Misdemeanor

A first-degree misdemeanor in Florida can result in up to one year in jail and fines totaling up to $1,000. For example, certain drug possession charges, like possession of under 20 grams of marijuana, would be a first-degree misdemeanor. Drug paraphernalia charges can also be a first-degree misdemeanor. 

First-Degree Felony

First-degree felonies are the most serious, carrying the most substantial penalties.

Examples of first-degree felony drug charges in Florida include possessing more than 10 grams of a Schedule 1 or Schedule II drug or selling drugs within 1,000 feet of schools or parks. 

Drug trafficking charges in Florida are also first-degree felonies. Depending on the type of drug and the quantity, the crime comes with mandatory prison sentences of three to 25 years.

Penalties for first-degree felonies usually include up to a $10,000 fine and up to 30 years in prison.

Second-Degree Felony

Generally, possession with intent to sell would be a second-degree felony, as would possession of chemicals used to make certain types of illegal substances, such as ecstasy.

Second-degree felonies can result in up to $10,000 in fines and a sentence of up to 15 years in prison.

Third-Degree Felony

If an individual faces drug possession charges and the substance exceeds a certain weight, they may face a third-degree felony. Common drugs resulting in a third-degree felony include:

• Cocaine: Less than 28 grams
• Marijuana: 20 grams or more
• Methamphetamine: Less than 14 grams
• Heroin: Less than four grams
• Xanax: Any amount without a prescription

In Florida, third-degree felonies are the least severe type of felony. They can result in fines of up to $5,000 or prison sentences of up to five years.

When to Hire a Drug Possession Lawyer

If you are facing drug possession charges in Florida, it is highly recommended to seek the help of a qualified drug possession lawyer. Here are some situations where hiring a lawyer can greatly benefit your case:

1. Lack of evidence: A skilled drug possession lawyer can challenge the prosecution's evidence and potentially get the charges dropped or reduced. 
2. Unlawful search and seizure: If law enforcement lacked probable cause to search you or your property, any evidence collected unlawfully cannot be used in court. A lawyer can determine if your rights were violated during the arrest. 
3. Knowledge of local laws: A drug possession lawyer understands your state's specific rules and sentencing guidelines. They can use this knowledge to build a defense tailored to your case. 
4. Negotiating plea bargains: A lawyer can negotiate a plea bargain, where you plead guilty in exchange for reduced charges or a lighter sentence, helping you achieve a better outcome. 
5. Alternative sentencing options: Depending on your case and criminal record, a lawyer may seek alternatives such as probation, community service, or treatment programs, avoiding jail time and focusing on rehabilitation. 
6. Appealing a conviction: If convicted, a lawyer may file an appeal based on trial errors or new evidence. They can evaluate your case and determine if an appeal is possible. 
7. Protecting your rights: A drug possession lawyer ensures your rights are upheld, such as staying silent, having an attorney, and understanding deadlines for appeals or plea deals. 
8. Seeking rehabilitation: If struggling with drug addiction, treatment can improve your life and help reduce penalties. A lawyer can guide you to rehabilitation programs and use them to support your case.

Taking steps towards rehabilitation shows the court that you are taking responsibility for your actions and trying to improve yourself. This can positively impact your case and potentially result in reduced penalties or even dismissal of charges.

Arrested for a Drug Offense? How a Drug Charge Attorney Can Help You

If you’ve been arrested for drug possession, trafficking, or any other drug-related offense in Florida, taking swift action is crucial. Partnering with an experienced drug charge attorney can make a significant difference in the outcome of your case.

A skilled defense lawyer will:

• Clearly explain the charges and applicable laws
• Develop a tailored legal strategy based on your case's specifics
• Gather and assess critical evidence
• Represent you effectively in court and during negotiations 

At The Denson Firm, we bring over 20 years of experience to defending your rights and pursuing the best possible outcome for your case. Contact us today for a complimentary case evaluation and let us fight for you.