Florida Drug Possession Charges

Drug possession is one of the most common offenses in Florida, and it can appear deceptively simple, particularly for those who have never been in trouble with the law before. In some cases, however, a possession charge can be more complicated, with several little details to clarify and defend against. If you have been charged with possessing a controlled substance in Florida, it is crucial to take it seriously.

Nature & Weight

There are two major factors law enforcement will consider in terms of prosecuting drug offenses. The first is the nature of the substance a person is found to possess – for example, someone possessing a Schedule I drug like heroin or LSD may face more serious charges than someone stopped with a Schedule IV or V drug like Ambien or Lyrica. The second is the overall weight of the illegal substance (or mixture of substances). The greater the weight, the more serious the charge.

Florida law makes it unlawful to possess a controlled substance unless prescribed by a medical professional (or if certain other rare exceptions apply). As a result, anyone found to have any amount of one or more of these substances will face charges unless they can produce evidence that they are permitted to possess the drug. For example, a person with Attention Deficit Hyperactive Disorder (ADHD) who has been prescribed Adderall by a doctor could produce their prescription bottle to establish their lawful possession.

Use vs Sale

If you have been charged with possession of controlled substances, it is important that you understand whether you have been charged with ‘simple’ possession, or with ‘possession with intent to distribute.’ The former, particularly for someone with no criminal record, is likely to end with fines, drug treatment, and possibly avoiding a drug conviction on one’s criminal record. The latter is seen as infinitely more serious, because intent to distribute means more harm to society than one individual using drugs for their own reasons.

That said, it is crucial to take any drug charge seriously. Even a charge of simple possession can throw a wrench into a person’s life – if convicted, it cannot be expunged from one’s record in Florida, and a person facing this kind of charge may be denied other opportunities, such as jobs or internships. It is easier to mount a solid defense to this charge with the right attorney on your side than it is to try to go it alone.

Contact A West Palm Beach Drug Possession Attorney

Being charged with possession of drugs is not a matter to laugh off or ignore. A West Palm Beach drug possession attorney from Perlet & Shiner, P.A. will help protect your rights and give you the best possible defense. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html