Drug possession is a serious offense in Florida, and the penalties can be severe. If you or someone you know has been charged with drug possession, it is important to understand the potential consequences.
What is Drug Possession?
Drug possession refers to having illegal drugs on your person or in your control. This includes both actual possession (having drugs physically on you) and constructive possession (having control over drugs that are not physically on you but that you have access to). In Florida, drug possession is classified as a misdemeanor or felony offense, depending on the type of drug involved.
Categories of Drugs
In Florida, drugs are categorized into five schedules based on their potential for abuse and whether they have any accepted medical uses. Schedule I drugs are considered to be the most dangerous and addictive, with no accepted medical use. Examples include heroin, LSD, ecstasy, and marijuana (in some cases). Schedule II drugs also have a high potential for abuse but may have some accepted medical uses under strict supervision. Examples include cocaine, methamphetamine, oxycodone, hydrocodone, fentanyl, and Adderall.
Penalties for Drug Possession
The penalties for drug possession in Florida depend on the schedule of the drug involved and whether it is a first-time offense or subsequent offense. Possession of Schedule I substances can result in up to 5 years imprisonment and a fine of up to $5,000 for a first-time offense. Subsequent offenses carry higher penalties with up to 15 years imprisonment possible.
Possession of Schedule II substances can result in up to 3 years imprisonment and a fine of up to $5,000 for a first-time offense. Subsequent offenses carry higher penalties with up to 15 years imprisonment possible. Possession of Schedule III, IV, or V substances can result in up to 1 year imprisonment and a fine up to $1,000 for a first-time offense. Subsequent offenses carry higher penalties, with up to 5 years imprisonment possible.
Defenses for Drug Possession
If you have been charged with drug possession in Florida, there are several defenses available that may help you avoid conviction or reduce the charges against you. These include challenging the legality of the search that led to your arrest, arguing that the drugs belonged to someone else, demonstrating that you did not know the drugs were present, or showing that you had a valid prescription for the drugs.
Criminal Defense Attorney In Jacksonville
If you or a loved one are navigating the complexities of drug possession charges in Jacksonville, FL, remember that The Law Office of Russell B. McCormick, PA is here to help. Our expertise in criminal defense can provide the support and representation you need to face the legal system with confidence. We understand the nuances of Florida's drug laws and are committed to defending your rights every step of the way. Don't let drug charges determine your future—contact us today at (904) 353-0436 to discuss your case and explore your legal options.