August 23, 2015
Getting arrested for drug possession in Florida is a very serious matter. One of the most common controlled substance charges is possession of pain medication without a prescription, which is a felony charge. Most drug possession charges in the state of Florida are prosecuted as felonies, but each case is unique with respect to the amount of contraband the defendant has been cited for having in their possession. Here are some things to always remember about drug possession charges in Florida.
Legally Prescribed Drugs
Illegal drug charges can also be leveled by prosecutors for possession of a legally prescribed medicine if the defendant is not the legal owner of the chemicals, usually in pill form. The remaining amount of drugs in the container should match the specified medication period. Even a legal prescription holder can be charged in some situations.
Driving Under the Influence
If you’re arrested for driving under under the influence, you can also be charged with possession if caught with drugs while driving a vehicle, especially if a blood test is administered. Even with a legal prescription, it is imperative to always exercise sound judgement when operating a motor vehicle while taking medications.
While many states do not consider marijuana possession a felony until the defendant is found with more than a half pound of the substance, in Florida the misdemeanor/felony threshold line is set at 20 grams, which is less than one ounce. This means that an arrest for an amount greater than 20 ounces will also result in a felony charge. It is not “just” a marijuana charge.
Cocaine and Heroin Charges
Cocaine and heroin charges are much more serious than marijuana charges in Florida. They are schedule I controlled substances and all prosecutors in Florida are serious and aggressive about prosecuting cases involving this particular class of illegal drugs. These crimes also typically carry higher points on the sentencing guidelines than felony marijuana charges. Because of the fact that Florida has historically been a drug entry point in the U.S., state prosecutors are very keen to the presence of harder drugs like these in the state.
Serious Trafficking Charges
Drugs charges for contraband such as heroin and cocaine are prosecuted very seriously even on possession of relatively small amounts. Possession of 10 grams or more of heroin alone can result in a minimum of five years in prison and a $5000 fine.
Contact Khonsari Law Group for the Best Defense Against Possession
Arrested for possession of illegal drugs in Florida? You need an experienced drug crimes attorney on your side. For more information or details about your specific charges, contact the KLG Attorney Group for a free consultation.