Possession of any Schedule V controlled substance is a second-degree misdemeanor. Even a first-time drug possession charge in Florida can have lifelong consequences. In fact, depending on the amount and type of drug you are accused of possessing, you could be charged with a first-degree felony, punishable by up to 30 years in prison. If you have multiple drug convictions or other felony convictions, your penalties for possession are likely to be considerably more severe.
However, whether you go to jail in Florida on your first drug possession charge depends on a few factors. However, other drug possession charges are third-degree felonies, such as possession of heroin and cocaine. Other possible defenses to drug possession charges include lack of knowledge that the drug in question was a controlled substance, possession of a valid prescription from a medical professional, or cheating by law enforcement. However, it depends on the drug found in possession and the amount of the drug found in possession.
Constructive possession may apply in cases where drugs are found in the trunk of a car or in the closet of a home or business. The Florida Comprehensive Drug Abuse Prevention and Control Act (Florida Statutes, Title XLVI, Chapter 89) proclaims that a person may not sell, manufacture or deliver, or possess, with the intention of selling, manufacturing, or delivering, a controlled substance. Your Ayo and Iken lawyer can argue that the drugs in question belonged to someone else, were placed in your vehicle or home, or that you had no idea that the drugs were in your vehicle or in your home. Although mere possession carries the lowest potential penalty of drug offenses, it is still important to hire a criminal lawyer familiar with the system, the actors in the system, the direct penalties involved, and often, most importantly, the collateral penalties that a drug conviction carries.
Drugs such as morphine and opium fall into this category of drugs with the potential for serious psychological and physical dependence. The only time possession will normally be charged as a misdemeanor is if you owned a small amount of marijuana. Possession of most controlled substances under Florida law can be charged as a third-degree felony, although the laws allow a first-degree misdemeanor charge for simple possession of marijuana in an amount less than twenty grams. In general, the severity of a drug possession penalty will depend on the time the drug is at and how much the drug was allegedly on.
Florida divides felonies into three degrees, and felony drug possession is a first, second, or third degree felony. Possession of marijuana in Tampa can range from a first-degree misdemeanor for being in simple possession of 20 grams or less, to a second-degree felony punishable by up to 15 years in prison for possession of marijuana with intent to sell it within 1000 feet of a child care center or school, university, park, church, public housing, or assisted living center. It is possible that the drug was not in sight or that there was an illegal search to find the drug.
