Drug Possession Charges in Florida
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Florida classifies commonly known street drugs such as marijuana, heroin, and cocaine as controlled dangerous substances (CDS) and also schedules the compounds used in their manufacture.
Certain drugs, like codeine, may be legally possessed with a valid prescription.
How Florida Classifies Controlled Dangerous Substances (CDS)
Florida divides its Controlled Dangerous Substances into five “schedules,” according to their likelihood for abuse.
- Schedule I drugs are those that have a high potential for abuse and have no accepted medical use. An example is heroin.
- Schedule II drugs have a high potential for abuse, have an accepted medical use with severe restrictions, and their abuse has the potential for severe psychic and physical dependence. Examples include opium and morphine.
- Schedule III drugs have less potential for abuse than Schedule I or II drugs, have an accepted medical use, and their abuse may lead to low or moderate physical dependence and high psychological dependence. Examples include anabolic steroids.
- Schedule IV drugs have a lower potential for abuse than Schedule III drugs, have an acceptable medical use, and their abuse may lead to limited psychological and physical dependence in relation to Schedule III drugs. An example is diazepam.
- Schedule V drugs have the lowest potential for abuse, have a currently accepted medical use, and have a limited risk of physical or psychological dependence. Schedule V drugs include medicines that contain very small amounts of specified narcotic drugs.
Penalties for the Possession of Controlled Dangerous Substances
The possession of Controlled Dangerous Substances is punished as a felony or misdemeanor depending on the type and amount of the substance involved. Possession may be actual or constructive.
Actual or Constructive Possession
In Florida lack of ownership will not negative possession. This means that even if the controlled dangerous substances does not belong to you, you may never the less be criminally liable for possession.
Felony Possession of the First Degree
Possession in excess of 10 grams, of Schedule I CDS is a felony of the first degree punishable by a period of incarceration of up to thirty (30) years, a fine of $10,000, or both. However the following are excluded: Hallucinogens, 1 4-Butanediol, gamma-butyrolactone (GBL), gamma-hydroxybutyric acid (GHB), methaqualone, and mecloqualone.
Felony possession of the third degree
Possession of any other CDS is a felony of the third degree, punishable by a period of incarceration of up to five (5) years, a fine of $5,000, or both. This does not apply to substances obtained by a valid prescription.
Misdemeanor Possession of the First Degree
The possession of the following CDS is a misdemeanor of the first degree and is punishable by up to one (1) year in jail, a fine of up to $1,000, or both:
- up to 20 grams of marijuana
- up to three grams of 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol
- up to three grams of (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo
- up to three grams of [c]chromen-1-ol
- up to three grams of 48. 1-Pentyl-3-(1-naphthoyl)indole, or
- up to three grams of 49. 1-Butyl-3-(1-naphthoyl)indole.
Early Negotiation is Critical in a Misdemeanor Marijuana defense in Florida
Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal law attorneys.
We can help you.
Our Florida criminal lawyers serve clients charged with drug possession cases in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal law cases and possession of drug charges in Palm Beach, Broward, Miami Dade County and throughout Florida.
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