Florida is among the states with the strictest drug laws and harshest penalties. Nearly half of all drug sentences in the Sunshine State are cocaine offenses. In addition:
- More than 12% are for marijuana offenses
- 12% for meth
- More than 10% for crack
It's dangerous to assume that drug possession isn't a serious crime in Florida. Or, that a drug possession conviction will carry only minor legal consequences.
If you are facing drug charges, it's critical that you speak to an experienced Florida criminal defense attorney as soon as possible. Those who are arrested and charged with drug possession can face harsh legal consequences, especially if they were in possession of an illegal substance within a school zone or on federal property.
What drugs are illegal to possess?
In Florida, it's illegal to possess any drug or controlled substance that the state deems likely to be abused. While several other states have legalized or decriminalized marijuana possession, it still remains illegal in Florida. In fact, possessing 20 grams or less of marijuana can result in a first-degree misdemeanor charge, which carries a prison sentence of up to one year and a fine of up to $1,000 if convicted. Possessing more than 20 grams can result in a third-degree felony possession charge, which carries up to 5 years in prison and a fine of up to $5,000. Possessing more than 25 lbs. of marijuana can result in a first-degree felony, which carries up to 30 years in prison and a fine of up to $250,000.
Other drugs that are illegal in Florida and other states include:
- Cocaine: Possessing up to 28 grams of cocaine can result in a third-degree felony. For more than 28 grams, the penalty is a first-degree felony charge.
- Heroin: Possessing less than 4 grams of heroin can result in a third-degree felony charge.
- Methamphetamine: Possessing less than 14 grams methamphetamine can result in a third-degree felony charge.
How can an attorney help me if I'm facing drug possession charges?
You can't fight drug charges alone. Having the right attorney on your side can make a difference between your freedom and several years of harsh legal consequences. An experienced Clay County criminal defense attorney at Aguilar & Sieron, P.A. can devise a strong legal defense to help you fight the charges.
It's important that you avoid speaking to police or investigators upon being arrested. Anything you tell them can be leveraged against you in court. By asserting your right to remain silent, your attorney can look for errors in your arrest. This may include:
- Police entrapment
- Violation of your Fourth Amendment rights through illegal search and seizure
In addition, your attorney may be able to devise a strong defense if you were qualified and permitted to use medical marijuana to treat a health condition.
Our attorneys know how the justice system in Florida works. We're former prosecutors. Contact us online to find out what we can do for you.