Drug Possession Attorney Serving Pensacola, Florida

Drug possession is a serious offense no matter where you are located, but even more so in Florida, which punishes those convicted of drug possession harshly. As a drug possession attorney in Pensacola, Florida, Tom McGuire from Panhandle Defense Firm is well aware of the severe consequences associated with this criminal offense in Florida.  

Whether you are facing a misdemeanor or a felony, the penalties can be dramatic and life-altering. Fortunately, it may still be possible to avoid a conviction or mitigate the penalties. Reach out to Tom McGuire’s office to schedule a free case evaluation and discuss your particular situation.  

Understanding Florida Drug Possession Laws  

Florida’s drug laws are contained in Chapter 893 of the Florida Statutes, which is also titled the Florida Comprehensive Drug Abuse Prevention and Control Act. Florida laws specify which controlled substances are generally illegal and which ones are illegal if you do not have a valid prescription for them. Some of the controlled substances that are recognized as illegal drugs under Florida law are cocaine, cannabis, heroin, methadone, and many more.  

Drug crime offenses in Florida are broken down into four categories: 

1. Possession or use of drug paraphenelia, which refers to needles, bongs, pipes, and rolling papers;  

2. Simple possession, which applies when an individual is caught with an insignificant amount of drugs intended for personal use;  

3. Possession with intent to deliver or sell, which applies when an individual is caught with a large amount of drugs; and 

4. Trafficking, which applies when an individual has an excessive amount of drugs.  

The severity of drug possession charges depends on how many grams of the drug is in your possession, the type of the drug, your prior convictions, and many more factors.  

Elements of Possession  

If you are facing drug possession charges in Florida, it is important to understand what constitutes a crime and how to defend yourself against a conviction. 

1. Knowledge of the Drug  

The first element necessary for a drug possession conviction is knowledge. This means that the accused must have had reasonable knowledge that they were in control of or had access to drugs. The prosecutor will attempt to prove beyond reasonable doubt that the accused did know or should have known that they were in possession of drugs.  

2. Control of the Drug  

The second element necessary for a drug possession conviction is control. This means that the accused must have had physical control over or access to drugs at some point during their encounter with law enforcement. The prosecutor will attempt to prove beyond reasonable doubt that the accused either owned or was in charge of any drugs found on them at the time of the arrest.   

Understanding these elements can help you build an effective defense if you are facing drug possession charges. It is important to remember, however, that everyone has rights under the law and it’s essential to seek legal counsel from an experienced attorney who can guide you through your case.  

Possible Penalties 

According to the National Center for Drug Abuse Statistics, 1.16 million Americans get arrested for drug-related offenses every year.  

If you have been charged with drug possession in Florida, you may be wondering what penalties you are facing. The answer to that question depends on a number of factors, including the type and quantity of drug involved, your prior criminal history, and whether the drug was for personal use or sale. 

Florida law recognizes four degrees of drug possession charges: 

• First-degree misdemeanor, which is when a defendant possesses less than 20 grams of cannabis or Schedule V drugs, is punishable by up to one year in county jail and no more than $1,000 in fines.  

• Third-degree felony applies when a defendant possesses less than four grams of heroin, less than 7 grams of oxycodone without a prescription, less than 14 grams of methamphetamine, at least 20 grams of cannabis, less than 28 grams of cocaine, or any amount of Xanax without a prescription. The offense is punishable by up to five years in prison and no more than $5,000 in fines.  

• Second-degree felony may apply when a defendant possesses chemicals with the intent to make ecstasy, methamphetamine, or gamma hydroxybutyrate (GHB). Alternatively, individuals can also be charged with second-degree felony for drug possession with intent to sell. Penalties include up to 15 years in prison and no more than $10,000 in fines.  

• First-degree felony is the most serious type of drug possession crime in Florida that is punishable by up to 30 years in prison and no more than $10,000 in fines. This degree applies when an individual possesses at least 10 grams of certain drugs classified as Schedule I or Schedule II drugs. It may also apply when a person is selling certain drugs within 1,000 feet of a school, church, or another protected area.  

Regardless of how the prosecution wants to classify your drug offense, consider contacting a knowledgeable drug possession attorney to prepare an efficient defense strategy tailored to your specific circumstances.