Under Florida law, possession involves knowledge. It doesn't matter if a person knew prior to his arrest that the substance or drug in his possession was illegal; a person only needs to be in possession of that illegal substance or drug to be convicted of drug possession.
Possession of drugs
of any kind generally results in a felony charge in Florida. However, possession of marijuana below 20 grams is only considered a first-degree misdemeanor.Charges may be higher for repeat offenders. This doesn't apply to people approved to use medical marijuana. The law states that you can face drug possession charges if you are in “real” or “constructive” possession of illegal drugs. Each state has its own laws regarding the possession of illegal drugs, but Florida is known for having some of the most stringent drug possession laws in the country.
State law allows a first-degree misdemeanor charge for simple possession of cannabis (marijuana) in an amount less than twenty grams (unless legally obtained for medical use). If found in possession of illegal drugs, you could face drug possession charges in the state of Florida. If you are charged with a drug possession offense in Florida, it is in your best interest to contact a local drug crime lawyer who can explain the charges to you and help you plan your defense. First-degree felonies are for more serious crimes, such as possession of more than ten grams of certain Schedule I and II drugs, such as fentanyl, heroin, or morphine, or selling certain drugs within 1000 feet of a protected area, such as a park, church, or school.
Although medical marijuana is legal in Florida, possession of the herb without a valid license (or possession of any other controlled substance) still carries a heavy penalty if convicted. For example, if the police find drugs in your pocket or purse, it means that you were actually in possession of the drug. Penalties for drug possession in Florida vary depending on the type of drug, the amount found, and previous criminal history. Possessing more than 3 grams of hashish, selling, manufacturing, delivering, or possessing with intent to sell, manufacture or deliver hashish or concentrates is a third-degree felony.
If you are facing drug possession charges in Florida, you should know that Florida's drug possession penalties can be high. Drug possession is a crime committed by someone who did not manufacture, distribute, or sell the controlled substance. This is true regardless of how much of the drug was in your possession or whether you are a repeat offender or not. This state has local jurisdictions that have enacted municipal laws or rulings that fully or partially decriminalize misdemeanors of possession of cannabis.
You can face first-degree felony charges for possession of 10 grams or more of certain Schedule I listed drugs.
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