Drug charges in Florida can have a devastating impact on your life and career if not handled properly.
Medical marijuana may be legal as long as you have a valid license, but if you don’t you can still face big trouble if you are caught with it.
Florida is tough on anyone caught with illegal drugs. In fact it’s one of the most strict states when it comes to prosecuting drug crimes.
The penalties are based on the type and quantity of the drug, whether it was intended for sale, and if the person has any prior convictions. Jail time, probation, fines, and counseling are the most common consequences of a conviction.
At the Rossen Law Firm, we’ve successfully handled many different types of drug cases, including:
- Drug Possession
- Possession with intent to sell
- Possession of drug paraphernalia
- Drug Sales and Delivery
Drug possession is an offense by someone holding controlled substances for personal use and can be charged as a felony.
In order to prove possession, the prosecution must prove the following:
- You were in possession of a controlled (illegal) drug
- You knew, or should have known you had it and that it was illegal
- You had control over the location and presence of the drug
Depending on the degree of the charges, the penalties for being caught in possession of illegal drugs can be very severe.
For misdemeanors you’re looking at up to a year in jail. Also for any drug conviction you will lose your driver’s license for a full year.
For felonies you’re looking at 5-30 years in prison depending on the degree, along with heavy fines. Depending on the type of drug and amount, there are also mandatory minimums in place. When a crime has a mandatory minimum it means that if convicted you must serve a certain number of years in prison.
Of course, there are defenses that can be used to combat a possession charge.
- Lack of knowledge that the material was a controlled substance
- Valid prescription from a medical professional
- Entrapment arranged by police
- Fourth Amendment violation due to unlawful search and seizure
- Use of cannabis in accordance with Florida's medical marijuana law
- Not legally considered in possession of the drugs
Florida law defines drug trafficking as the intentional sale, purchase, manufacture, delivery, possession or transporting a specific amount of a controlled substance. The amount of the substance varies by illegal drug.
- For weed it’s 25 pounds or 300 plants
- For Cocaine it’s 28 grams
- For Hydrocodone it’s 14 grams
- For LSD (acid) it’s 1 gram
- For MDMA (Ecstasy) it’s 10 grams
- For Oxycodone it’s 7 grams
Drug trafficking has very steep punishments that get worse as the amount of drugs you are caught with increases.
Prison sentences ranges from 3 years all the way up to a life sentence. Plus there are mandatory minimums in place that make sure you spend a specific amount of time in prison if convicted. There are also hefty fines that start at $25,000 and go all the way up to almost one million dollars.
Again, for drug trafficking charges there are many defenses available to you, including the ones listed above.
But no matter what the drug charge against you, it’s critical that you speak with an attorney right away. If mishandled, any drug charge, no matter how minor, could have a devastating impact on your future. It could leave you with a permanent criminal record, result in the loss of your driver’s license, cost you a lot of money, land you in jail, or worse.
We understand that being arrested for drugs can be a scary time, and you deserve the help you need to get through this unfortunate situation. Call our firm today at (754) 206-0085 to schedule your free consultation to see how we can help you.
For more information on drug crimes, visit our frequently asked questions page.