Marijuana, Cocaine, Methamphetamine, Ecstasy, and prescription pills are all substances that can lead to criminal charges. Drug offenses may be a felony or misdemeanor depending on the amount or type of drug content. Whether you are charged with possessing it, attempting to possess it, possessing with intent to distribute, distribution, or trafficking determines the type of sanction you might be facing.
We handle all types of drug cases:
- Possession with Intent to Sell or Distribute
Possession of a controlled substance may be a misdemeanor or felony. In Florida, a controlled substance is any substance named or described in Schedule I, II, III, IV, or V of §893.03, Florida Statutes.
If you are adjudicated guilty there is a mandatory two (2) year driver’s license suspension.
1. Marijuana possession less than 20 grams is 1st degree misdemeanor, punishable by up to one (1) year in the county jail.
2. Possession of drug paraphernalia is also a 1st degree misdemeanor. Drug paraphernalia means all equipment, products, and materials, of any kind which are used, intended for use, or designated for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
Some examples: scales, sifters, blenders, bowls, spoons, balloons, capsules, envelopes, containers, bags, syringes, needles, pipes, bongs and roach clips.
3. Possession of limited quantities of Schedule V substances. Examples: codeine, dihydrocodeine, ethylmorphine, diphenoxylate, opium.
Possession of controlled substances listed in Schedule I, II, III, IV. Some examples: Methamphetamine (Meth), cocaine, crack, heroin, LSD, hydrocodone, oxycodone, marijuana more than 20 grams, GHB, GBL.
Mere possession of certain substances may be classified as a 1st degree felony, punishable by up to thirty (30) years, a 2nd degree felony punishable up to fifteen (15) years, and a 3rd degree felony punishable up to five years.
In Florida, certain drug charges result in enhanced penalties based on the quantity of the drugs seized by law enforcement. The penalties and amount of drugs required to qualify for these enhanced penalties vary depending on the type of drug. Some of the most common drug trafficking examples in the Fourteenth Judicial Circuit are:
Trafficking in Controlled Substance
F.S. 893.135 (3)(f) Any person who possesses 14 grams or more of methamphetamine, amphetamine, or a mixture of pseudoephedrine or ephedrine in conjunction with other chemicals and equipment used to manufacture methamphetamine commits a felony of the first degree punishable as described below
F.S. 893.135 (1)(b)
F.S. 893.135 (1)(a)
F.S. 893.135 (1)(c)
F.S. 893.135 (1)(c)
F.S. 893.135 (1)(h)
F.S. 893.135 (1)(k)
F.S. 893.135 (1)(I)