Possession of Controlled Substance in Florida
Criminal Defense Attorney
Attorney’s Guide to Possession of a Controlled Substance in Florida
Understanding the Intricacies of Florida’s Controlled Substance Laws
Navigating the legal landscape of Possession of a Controlled Substance in Florida can be a daunting task, not just for those facing charges but also for attorneys who aim to provide the best defense for their clients. This comprehensive guide aims to shed light on the key elements, common types of charges, and the legal nuances surrounding this complex area of law.
Understanding the intricacies of Florida’s controlled substance laws is crucial for anyone involved in a related legal case, whether you’re an individual facing charges or an attorney representing a client. This guide aims to provide a thorough examination of the key elements, common types of charges, and the nuanced legal landscape surrounding Possession of a Controlled Substance in Florida.
What Defines Possession of a Controlled Substance in Florida?
In the State of Florida, the crime of Possession of a Controlled Substance is codified under Section 893.13 of the Florida Statutes. To be convicted of this offense, the following elements must be proven:
- Knowingly Possessing: The individual must knowingly possess a controlled substance. This means that the person was aware of the possession and that it was not accidental. The term “knowingly” is often a focal point in legal defenses, as it requires the State to prove that the defendant was aware of the substance’s presence.
- Illicit Nature of the Substance: The controlled substance must not have been lawfully obtained through a medical practitioner or a valid prescription. This means that even if you have a substance that is generally available through prescription, if you don’t have a valid prescription for it, you can still be charged with possession.
Understanding “Controlled Substance”
The term “controlled substance” is broad and encompasses a wide range of drugs, from commonly abused substances like cannabis and cocaine to prescription medications such as oxycodone and alprazolam (Xanax). The classification of the substance often dictates the severity of the charges and potential penalties.
The Complexity of “Knowing” and “Possession”
One of the more challenging aspects of these cases is the concept of “knowing possession.” For example, if a controlled substance is found in a shared vehicle, proving that a specific individual “knowingly” possessed the substance can be complicated. Similarly, “possession” doesn’t necessarily mean the substance must be found on your person; it can also be in an area you control, like your home or car, leading to what is known as “constructive possession.”
The Role of Medical Practitioners and Valid Prescriptions
It’s also worth noting that having a valid prescription is a complete defense to a charge of Possession of a Controlled Substance for the specific substance prescribed. However, the prescription must be valid and current, and the amount possessed must be consistent with the prescription. Possessing more than the prescribed amount or possessing a substance without a current, valid prescription can still result in charges.
The Importance of Legal Representation
Given the complexities and nuances of Florida’s controlled substance laws, having experienced legal representation is crucial. A knowledgeable attorney can scrutinize the elements of the charge, challenge the prosecution’s evidence, and may be able to negotiate for reduced charges or even a complete dismissal of the case.
If you or someone you know is facing charges related to the possession of a controlled substance, it’s imperative to consult with legal experts who understand the intricacies of Florida’s drug laws. At Leppard Law, we specialize in this area and are committed to providing the best possible defense for our clients.
Broad Spectrum of Controlled Substances
The term “controlled substance” is not limited to just one or two types of drugs. In Florida, the list is extensive and includes but is not limited to:
- Common Narcotics: Cannabis, Cocaine, Heroin, Methamphetamine
- Prescription Medications: Hydrocodone, Oxycodone, Alprazolam (Xanax), Clonazepam (Klonopin), Diazepam (Valium)
- Synthetic Drugs: Fentanyl, MDMA, Synthetic Cannabis
- Hallucinogens: LSD, Mescaline, Psilocybin (Hallucinogenic Mushrooms)
- Others: GHB, PCP, Amphetamine, Codeine
Different Types of Possession Charges
The type of controlled substance found in one’s possession often dictates the severity of the charges and the subsequent penalties. Here are some of the more common types of charges:
- Possession of Cannabis
- Possession of Cocaine
- Possession of Fentanyl
- Possession of GHB
- Possession of Heroin
- Possession of Hydrocodone
- Possession of MDMA
- Possession of Methamphetamine
- Possession of Oxycodone
- Possession of Alprazolam (Xanax)
- Possession of Synthetic Drugs
- Possession of Cannabis Concentrates
- Possession of Clonazepam (Klonopin)
- Possession of Diazepam (Valium)
- Possession of Phencyclidine (PCP)
- Possession of Mescaline
- Possession of Lysergic Acid Diethylamide (LSD)
- Possession of Peyote
- Possession of Psilocybin (Hallucinogenic Mushrooms)
- Possession of Amphetamine
- Possession of Codeine
This guide aims to provide a thorough understanding of each element and type of Possession of a Controlled Substance charge in Florida, offering invaluable insights for both legal practitioners and those seeking to understand the complexities of Florida’s drug laws.
Penalties for Possession of a Controlled Substance in Florida
Facing a charge for Possession of a Controlled Substance in Florida is a serious matter that can have long-lasting consequences. The penalties vary depending on the type and amount of the controlled substance involved. Below is a comprehensive breakdown of the penalties you could face if convicted.
Classification of Offenses and Associated Penalties
Third-Degree Felony: General Possession of a Controlled Substance
- Severity Level: Classified as a third-degree felony under Florida law.
- Penalty: Punishable by up to 5 years in prison or probation, and a fine of up to $5,000.
First-Degree Misdemeanor: Possession of 20 Grams or Less of Cannabis
- Severity Level: Classified as a first-degree misdemeanor.
- Penalty: Punishable by up to 1 year in jail or probation, and a fine of up to $1,000.
| Offense | Severity Level | Penalty |
|---|---|---|
| Possession of a Controlled Substance | Third-degree felony | Up to 5 years of prison or probation, and a $5,000 fine |
| Possession of 20 Grams or Less of Cannabis | First-degree misdemeanor | Up to 1 year of jail or probation, and a $1,000 fine |
Criminal Punishment Code Points
The charge carries a severity level of 3, or 16 points, under Florida’s Criminal Punishment Code. This point system is used to guide sentencing decisions.
No Minimum Mandatory Sentence
Assuming there are no aggravating circumstances, such as prior criminal convictions, there is no minimum mandatory sentence. This means that while the judge has the discretion to sentence you up to the maximum allowed by law, they are not required to impose any prison time.
Driver’s License Suspension
According to Section 322.055 of the Florida Statutes, a conviction for Possession of a Controlled Substance mandates a 6-month suspension of your driver’s license. However, the court may grant a restricted business-purposes-only license under “compelling circumstances.”
What Constitutes “Compelling Circumstances”?
The term “compelling circumstances” is not explicitly defined in the statute, but it generally refers to situations where the lack of a driver’s license would result in extreme hardship, such as loss of employment or inability to attend school.
Understanding the penalties for Possession of a Controlled Substance in Florida is crucial for anyone facing such charges. The consequences are severe and can have a lasting impact on your life. If you or a loved one are facing such charges, it’s imperative to consult with experienced legal counsel to explore your options and build a strong defense. At Leppard Law, we specialize in drug-related offenses and are committed to providing the best legal defense for our clients.
How to Fight a Charge of Possession of a Controlled Substance in Florida
Navigating a charge of Possession of a Controlled Substance in Florida can be a complex and stressful ordeal. However, there are several legal defenses that can be employed to challenge the State’s case against you. At Leppard Law, we specialize in these defenses, leveraging our deep understanding of Florida’s drug laws to fight for the best possible outcome for our clients.
Understanding Actual vs. Constructive Possession
The State must prove that you had either actual possession or constructive possession of the controlled substance to secure a conviction.
- Actual Possession: This means the controlled substance was found on your person, such as in your hand or pockets, or within an area you could easily reach and control.
- Constructive Possession: This is a bit more nuanced. Constructive possession occurs when the controlled substance is found in an area over which you have control and where you are aware the substance is present.
If the State cannot prove either form of possession, you cannot be convicted of the charge.
The “Legal Disposal” Defense
Florida law provides for a “legal disposal” defense. Under this defense, you are not guilty of possession if you had the controlled substance temporarily and solely for the purpose of disposing of it—either by throwing it away, destroying it, or turning it over to the police.
The “Lack of Knowledge” Defense
Florida also recognizes a “lack of knowledge” defense. This means that if you were unaware that the substance in your possession was illicit, you can use this as an affirmative defense. However, it’s crucial to note that this is your burden to prove, as the State does not have to prove you knew the substance was illegal.
Other Potential Defense Strategies
There are numerous other defense strategies that can be employed, including but not limited to:
- Motion to Suppress Evidence: If evidence was obtained in violation of your constitutional rights, we can move to have it thrown out.
- Insufficient Evidence: We can challenge the State’s case by showing that there is insufficient evidence to support the charge against you.
Expertise at Leppard Law
At Leppard Law, we have extensive experience in employing these and other defenses to fight for a reduction or dismissal of charges. We understand the intricacies of Florida’s drug laws and are committed to providing the best legal defense possible for our clients.
Additional Resources
For further information on Florida’s drug laws, you can visit the Florida Legislature’s website. To understand more about your rights during a police search, the ACLU provides a comprehensive guide.
If you or a loved one are facing a charge of Possession of a Controlled Substance, don’t hesitate to contact Leppard Law for a free consultation to discuss your case and explore your legal options.
FAQs
What does ‘possession’ mean in a drug charge?
In the context of a drug charge, ‘possession’ refers to having control over the substance. This can be either actual possession (the substance is on your person) or constructive possession (the substance is in a place you control and you are aware of its presence).
What is the penalty for possession of a controlled substance in Florida?
Possession of a controlled substance is a third-degree felony in Florida, punishable by up to 5 years of prison or probation, and a $5,000 fine.
Can I fight a charge of possession of a controlled substance?
Yes, there are several defenses that can be employed to fight a charge of possession of a controlled substance, including challenging the legality of the search, lack of knowledge about the substance, and more.
What is a motion to suppress?
A motion to suppress is a legal maneuver used to exclude or ‘suppress’ evidence from the court proceedings. This is often used when the evidence was obtained illegally or without proper procedure.
What is an alibi defense?
An alibi defense is used when the defendant claims to have been elsewhere when the alleged crime took place. This defense requires substantial proof, such as video footage, witness testimonies, or other forms of evidence that can corroborate the defendant’s claim.
Don’t Face Your Criminal Charges Alone—Choose the Best, Choose Leppard Law
Why Trust Leppard Law?
- Over 300+ 5-Star Google Reviews
- #1 “Best DUI Law in Orlando” – Yelp (’16-’21)
- “Best DWI Lawyers in Orlando, FL” – Three Best Rated (’17-’23)
- “20 Best Orlando Criminal Defense Attorneys” – Expertise (’17-’23)
- #5 Fastest Growing Law Firm in the US – Law Firm 500 (2020)
- “Client’s Choice Award” for DUI – Avvo (’15, ’16, ’17)
- #1 “Best DUI Attorneys in Orlando” – Best DWI Attorneys (’16-’19)
Your Fight is Our Fight
Facing a charge for Possession of a Controlled Substance? The stress and uncertainty can be overwhelming. But you don’t have to go through it alone. At Leppard Law, we treat our clients like family. We’re not just here to represent you; we’re here to understand you and your case inside and out.
Experience the Leppard Law Difference
Don’t just take our word for it—experience our commitment and expertise for yourself. Schedule a FREE consultation today and let us guide you through your options and next steps.
One Call Can Make All the Difference
Call us now at 407-476-4111
Your future is too important to leave to chance. With Leppard Law, you’re not just getting a lawyer; you’re getting a dedicated team of experts fighting for your rights.
Act Now for Your Peace of Mind
Don’t wait. The sooner you act, the better we can prepare your defense. Contact us today and let us shoulder the burden so you can focus on what matters most.
Click Here to Schedule Your Free Consultation
Your trust fuels our commitment to excellence. We’re honored to be a part of our shared community and to have been recognized as the “Best of Orlando” for Criminal and DUI Defense on Thumbtack and Yelp for six consecutive years. When life throws you a curveball, remember: Leppard Law is just one call away.
Our Actions Speak Louder
We will always have your back. Take a look at our recent victories and see for yourself.
A Culture of Excellence
Our carefully vetted legal experts carry a breadth of experience unlike any you’ll find.
Get a Free Case Evaluation
When you’re ready to talk, we’re here for you! Get your free consultation today.