What Makes A Drug Charge A Misdemeanor Or A Felony?

Florida prosecutes drug crimes very aggressively, seeing drug use, sales, and trafficking as crimes against society. Because of this, the majority of drug-related offenses in the state are prosecuted as felonies, with not-insignificant consequences upon conviction. However, the average person may not be aware of how to determine whether a drug charge will be tried as a misdemeanor or a felony. The right attorney can help.

Multiple Factors In This Determination

Florida’s drug laws are complex, with long lists of drug compounds classified into different schedules. As in federal law, Florida classifies controlled substances into different schedules, with Schedule I housing those drugs that have the highest potential for abuse and the lowest potential for medical use and Schedule V housing the inverse.

One might think that a person caught with a Schedule V drug might receive a lesser sentence than someone caught with a Schedule I drug if convicted, due to the drug’s lower potential for abuse. In reality, the nature of the substance in a drug case is only one part of the criteria for determining not only guilt or innocence, but also the nature of the sentence one will receive.

Weight Matters

In addition to the nature of the substance involved in a drug case, the weight of the substance (or mixture of substances) is another major factor in whether to prosecute a drug offense as a misdemeanor or a felony. Florida’s drug trafficking laws are structured so that if a person is caught with a certain amount of a controlled substance, they can be charged with trafficking regardless of intent.

For example, a person found with 9 grams of MDMA in their possession may be charged with drug possession, as a person is not supposed to have any amount of MDMA unless prescribed by a licensed medical professional. If a person has 10 grams, however, they can be charged with trafficking in MDMA – with the potential for longer sentences and harsher penalties.

Contact A West Palm Beach Drug Crimes Attorney

Regardless of whether you have been charged with a misdemeanor or a felony, a drug charge in Florida should be taken seriously. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help to answer any questions you may have about the legal process. Contact our office today at (561) 721-0552 to schedule a consultation.

Source:

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