Florida statutes make it illegal to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver certain controlled substances. Possession in Florida can be real or constructive. Actual possession means that you have physical contact and drug control, for example, in your hand or pocket. 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. In Florida, possession of marijuana without a prescription is a criminal offense. People who find themselves with less than 20 grams on their person can be charged with a misdemeanor, while those who find 20 grams or more of marijuana can be charged with a felony. Medical patients are advised to always carry their card and prescription with them when transporting their medications.
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 does not apply to people approved to use medical marijuana.
In Florida, being in possession of a controlled substance is a crime. The level of charges you could face for a violation depends on several factors, including the type and quantity of medications. In many cases, drug possession is a felony. However, in some cases, you are charged as a misdemeanor.
If the crime is a felony, there are several degrees to which it can be charged, affecting the penalties you could face. If you have been charged with drug possession and don't know what to do, you can contact the West Palm Beach criminal lawyers Meltzer & Bell for help. If you've been arrested and dealing with drug possession charges in Florida, then it's time to contact West Palm Beach Criminal Defense Attorneys Meltzer & Bell. The fourth category is trafficking, in which you can be charged if you have an excessive amount of drugs.
In the meantime, it's a good idea to learn more about drug possession laws and what to do if you are arrested for possession. One of the most severe aspects of Florida's marijuana possession laws is that, in order to obtain a conviction, the State is not required to prove that the defendant knew of the illegal or illicit nature of the substance possessed. For all Florida drug possession penalties, consideration should be given to the type of drug, the amount of the drug (by weight), and the person's intent before determining the exact penalties. When a prosecutor pursues a drug possession case, he must prove that the defendant knew that the substance he had was a controlled substance, that the substance was a prohibited drug, and that the defendant had real control of it.
These controlled substances include Schedule 1 drugs such as heroin, LSD, methamphetamine and ecstasy, and even prescription drugs such as oxycodone and fentanyl. If you are convicted of drug possession or possession of drug paraphernalia, you may find it more difficult to obtain student loans, get a mortgage, or even find a job. As groups try to curb opioid use and provide help or treatment to addicts, possession of opioids without a prescription remains illegal, leaving law enforcement to crack down on an attempt to save lives and get illegal opioids off the streets. To better understand how a defense attorney can help you fight drug possession charges in Florida or if drug court may be an option in your case, consult with Mike G Law.
The consequences of a felony drug possession conviction can include severe mandatory minimum incarceration, high fines, and the confiscation of assets, including your car, house and bank accounts. If You've Been Arrested for Drug Possession in Florida, You Should Never Admit Anything to the Police. .