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Wrongful Possession Of Drugs In Florida
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Without a valid prescription, the mere possession of a controlled substance is illegal. So-called "street" drugs such as marijuana, cocaine, methamphetamine, LSD, and ecstasy are also controlled substances under § 893. Except for marijuana, possession of any amount of these prescription or street drugs is a felony.
Florida Statute section 893.135(1) defines cocaine trafficking as a person knowingly transporting, delivering, making, buying, selling, or actually or constructively possessing 28 grams or more of any mixture that includes cocaine.
Drug possession charges can be found in Florida Statutes 893.13 and 893.147. In Florida, possessing more than 20 grams of marijuana is a third-degree felony under Florida Statute 893.13(6)(a). This law states that for someone to be in 'possession,' they must have the right to own, manage, or control the marijuana.
Recreational marijuana legal for those 21 or older. Possession of up to three ounces of marijuana (85 grams), with up to five grams in the form of concentrate. Existing Medical Marijuana Treatment Centers would sell recreational marijuana products.
Felony Possession of Marijuana in Florida Florida Statutes § 893.13 states that an individual who is in actual or constructive possession of more than 20 grams of marijuana can be arrested and charged with felony possession of marijuana.
A Class 1 felony in Florida is punishable by up to 30 years in prison and a fine of up to $10,000. Examples include aggravated battery on a law enforcement officer, aggravated child abuse, and burglary with an assault or battery.
Prohibited acts; penalties. Distribution of controlled substances resulting in overdose or serious bodily injury. Dangerous fentanyl exposure of first responder resulting in overdose or serious bodily injury. Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.
In Florida, the statute of limitations for drug possession is three years from the discovery date to file charges. If drugs are discovered during a traffic stop or checkpoint, the statute of limitations may be shorter. The drug trafficking statute of limitations varies depending on the severity of the crime committed.
(6)(a) A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or ...
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893.015 Statutory references. —The purpose of this chapter is to comprehensively address drug abuse prevention and control in this state.As indicated in FS Title XLVI, Chapter 817.563, the possession and attempt to sell any controlled substances is completely unlawful in the State of Florida. First-Degree Misdemeanor: Possession of 20 Grams or Less of Cannabis. Florida, however, has pretty strict drug laws, even when it comes to cannabis. The State of Florida views drug abuse as major contributor to criminal activity committed in the state. In many of these cases, the charges are resolved in drug court or in a regular division for "drug offense probation. Being arrested for drug possession does not necessarily mean you will be labeled a criminal. Florida drug charges lawyer explains first-time offender for drug possession charges. Call to schedule a meeting if you've been charged.