What is Drug Possession?
The Florida Comprehensive Drug Abuse Prevention and Control Act lists a variety of drugs that are considered “controlled substances”, which are regulated by the state and federal government.
The drugs are classified as “schedules”:
- Schedule 1: Highly addictive drugs (heroin or LSD).
- Schedule 2: Drugs that are less addictive and that may have some medical use (opium, cocaine, morphine).
- Schedule 3: Drugs that could be abused but there is a lower chance (anabolic steroids).
- Schedule 4: Substances that are not likely to be addictive and are used for medical purposes (diazepam).
- Schedule 5: These are drugs that are not really addictive or risky, and can be used as medicine (Tylenol).
Drug possession refers to holding a drug either for the intent to distribute it or for personal use. However, these charges can also include drug paraphernalia if there is evidence to support that the defendant used it to take drugs.
When it comes to a drug possession case, the prosecutor needs to prove beyond reasonable doubt that the defendant knew that the drug was a controlled substance and that they were aware they possessed it.
Individuals will get charged depending on the weight of the drugs they have possession of.
Penalties for Possession of a Controlled Substance.
There are different consequences for using and possessing illegal substances. Some of the penalties include:
- When arrested for possessing more than ten grams of a Schedule One drug, the individual may face a first-degree felony charge. The consequence can be up to thirty years in prison and/or a fine of up to $10,000.
- Possessing more than 10 grams of any other controlled dangerous substance is considered a third-degree felony, which may lead to up to five years in prison and/or a fine maximum of $5,000.
- Marijuana possession can result in a first-degree misdemeanor if you have up to 20 grams of the substance. You may face a penalty of up to one year in prison and/or a $1,000 fine. However, if you possess more than 29 grams, you may be facing up to five years in prison and/or a $5,000 fine.
Possession of a controlled substance may be prosecuted in either state or federal court.
If you or a loved one has been charged with possession of a controlled substance, it is imperative that you get in touch with a professional and experienced criminal defense attorney to make sure your rights and your best interests are being guarded. Russell Spatz can help protect you and your rights during this difficult time. To schedule a time to discuss your drug crime matter with attorney Russell Spatz, please call Spatz Law Firm, PL, at 305-442-0200.