According to Florida Statutes Section 893.13(6)(a), a person may not be in actual or constructive possession of a controlled substance, unless prescribed by a practitioner, or the individual commits a third degree felony. Any charge of possession of controlled substance can carry serious consequences of fines and prison time. Possession charges can range from a misdemeanor to a felony, and can result in a suspension of a driver’s license for up to two years for just a misdemeanor possession.
Penalties for possession charges depend on the degree of the offense. Possession of Cannabis under 20 grams is a first degree misdemeanor and carries a maximum penalty of 12 months in jail with a fine up to $1,000.00; whereas, possession of Cannabis over 20 grams is a third degree felony and carries a maximum penalty of 5 years in prison with a fine up to $5,000.00.
Possession of more serious controlled substances, such as heroin, cocaine, methamphetamine, and ecstasy, is also a third degree felony with the same penalties.
Possession of more than 10 grams of Heroin is a first degree felony with a maximum sentence of 30 years in prison and a fine up to $10,000.00. Possession of a listed chemical used to produce controlled substances such as methamphetamine is a second degree felony with a maximum sentence of 15 years in prison and a $10,000 fine.
Miscellaneous problem can be a possession of a controlled substance without proof of prescription or a properly labeled prescription bottle, which may also result in an arrest. In addition, the law enforcement officers can suspect you are driving under the influence of a controlled substance, which can result in a DUI arrest.
Each piece of evidence is vital during the investigation of a drug-related crime. Mr. Stewart specializes in defending clients in drug-related cases, especially via the pre-trial motions to dismiss the charges or to suppressed illegally-seized evidence. Contact Stewart Law Firm at 850-689-4529 as soon as you arrested for a drug-related crime. Mr. Stewart will provide you with a free initial consultation to assess the facts and evidence in your case and provide you with possible options.