In the state of Florida drug possession is an offense by any individual holding onto a controlled substance, that they did not manufacture, distribute, or sell. It was likely in their possession for personal use. One exception to this rule, is the use of medicinal marijuana through doctor’s prescription as of 2017. All other scenarios can be charged as a felony.
For the possession of marijuana, the state will likely assess a 1st degree misdemeanor, as long as it is below 20 grams in weight.
Drug laws around the country are beginning to become laxer, and they are understanding the how the miscues of past decades have led to issue such as overcrowding in prisons and wrongful convictions. However, despite changes in attitudes, drug possession and trafficking charges can still mean for a hefty sentence, with the help of an experienced attorney you can ensure you get the best outcome and have a knowledgeable and experienced lawyer, like Steven Veinger, Esq. who will work day and night to help secure your freedom today.
Florida Drug Possession
Florida Statute 893.13
In order to prove a drug possession charge, a prosecutor must:
- Present evidence that the seized material is a controlled substance as defined by Florida law. This element generally requires scientific analysis by a crime lab.
- Show that the defendant actually knew or should have known about the illicit nature of the controlled substance and its presence.
- Prove that the defendant had control over the location and presence of the controlled substance. A prosecutor likely has a more straightforward case if the defendant had the drugs on the defendant’s body or in a container held by the defendant.
Charges & Penalties
- 1st degree misdemeanor possession: Up to 20 grams of marijuana (non-medicinal) – up to 1 year of jail time, plus court costs.
- If the defendant has at least 4 prior convictions they may be forced to enter 1 year of treatment or home detection in addition.
- 3rd degree felony possession: More than 20 grams of marijuana, up to 28 grams of cocaine, up to 10 grams of MDMA, up to 1 gram of LDF, and up to 4 grams of heroin or a similar opiate – up to 5 years in prison.
- 1st degree felony possession: More than 25lbs of marijuana, more than 28 grams of cocaine, more than 10 grams of MDMA, more than 1 gram of LSD, and more than 4 grams of heroin or a similar opiate – up to 30 years in prison and a fine of up to $250,000.
Depending on the types of drugs however, there might be mandatory minimum sentences for large amounts. Also, prior drug charges can also enhance your charges.
Legal Help Now!
For help with all your drug possession charges, contact one of Miami’s top criminal defense attorneys, in Steven Veinger, Esq. today,. With over 20 years of experience, and an impeccable work ethic he will work tirelessly to fight your charges and help you to earn your freedom at any cost. For a free consultation call the Law Offices of Steven Veinger, Esq. at (305) 682-0401.