Possession of certain drugs without a prescription can result in fines, probation, community service, or imprisonment. If you are facing these charges, it is important to speak with a criminal defense attorney.
Florida Drug Possession Laws: The Basics
Florida Statute 499.03 outlines the regulations concerning the distribution, sale, or possession of prescription drugs. The purpose of these regulations is to ensure that only qualified persons are allowed to distribute these drugs.
Keep in mind, if you are found in possession of a prescription drug and you have no proof they were prescribed for you, it is possible to face time in jail or other penalties.
Any drug that requires a doctor’s authorization is considered a prescription drug. Over-the-counter drugs may still be abused, but unless you have excessive quantities on your person, you are unlikely to face possession charges.
Penalties for carrying prescription drugs that were not prescribed for you may include jail time, community service, and fines. Remember, the penalties will be based on the charges you are facing. Misdemeanor charges could still result in a sentence of up to one year in jail. If you are charged with a felony, the penalties are much more severe.
The drug schedules will determine the charges you could be facing. However, even possession of large quantities of a Schedule V drug could result in a felony charge and possibly federal charges as well.
- Schedule I – these are drugs with a high potential for abuse, such as heroin.
- Schedule II – these dangerous drugs are not only highly abused but can lead to dependence. Examples are cocaine and methamphetamine.
- Schedule III – these drugs are typically those with a low potential for dependence. although they remain illegal, these include anabolic steroids, testosterone, or ketamine.
- Schedule IV – drugs with a low risk of abuse or dependence, including Xanax, Darvocet, and Valium, are generally classified in this manner.
- Schedule V – these are drugs with little to no chance of dependence but have quantities of certain narcotics. This category often includes prescription cough medicines, Motofen, or Lomotil.
General Guidelines for Drug Charges
You cannot assume that your charges are minor. Some of the penalties you could face include:
- First-degree felony possession — anyone in possession of more than 10 grams of Schedule I drugs could face 30 years in prison and/or a fine of up to $10,000.
- Second-degree felony possession — charges for Schedule I and II controlled substances could result in up to 15 years in prison and/or a fine of up to $10,000.
- Third-degree felony possession — potential charges for Schedule I or Schedule II drugs or any Schedule III or Schedule IV drug could result in up to five years in prison and/or a fine of up to $5,000.
- Misdemeanor possession — possession of Schedule V drugs or 20 grams or less of marijuana can result in penalties, including up to a year in prison and/or up to a $1,000 fine.
All of these penalties could be enhanced if you have a prior record or if there are other aggravating factors.
Defenses to Drug Possession Charges
An experienced drug possession attorney can help you mount a strong defense.
- Lack of Knowledge — you may have had someone in your vehicle or home where drugs were found. However, that does not mean you were aware of their presence.
- Illegal Search and Seizure—Under the Fourth Amendment, police must have cause to conduct a search. For example, if you are stopped for an expired license plate, your vehicle cannot be searched unless there is a reason for the search.
- Prescription Errors — if a pharmacist inadvertently gives you the wrong medication (however rare this may be), you may not be liable for possession.
- Medical Necessity — if you have a valid prescription for the drugs you are found in possession of, you can obtain a copy of the prescription as a defense.
- Entrapment — police cannot “set you up” for drug possession.
It is imperative you work with an experienced attorney and explain all of the relevant information regarding the charges you are facing.
The Role of an Experienced Attorney
Drug possession charges can be very complicated. Even if you are facing a minor charge, you cannot afford to defend yourself. Remember, Florida takes these charges very seriously, and you will need a strong defense.
You need to have an attorney who will take the time to understand the circumstances surrounding the charges you are facing. Without a strong defense, you could be facing legal penalties, plus you could face some of the following challenges:
- suspension of your driver’s license for a minimum of six months.
- a criminal record that will follow you, impacting finances, job opportunities, and professional licenses.
- for anyone who finds themselves in a custody battle, this type of arrest could call into question your fitness as a parent.
Never assume you can defend yourself; a strong defense is needed.
Contact the Law Offices of Richard Wunsch for Advice
A strong defense begins with speaking with an experienced attorney. Even if you are a first-time offender, having someone advocating on your behalf is critical. Remember, these cases are always complicated, and you want an attorney with experience handling drug possession cases.
Regardless of your charges, an experienced lawyer is a must. Contact the Law Offices of Richard Wunsch immediately if you face any drug charges in Florida.
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