It is unlawful to possess certain substances known as “controlled” substances in Florida. Florida law classifies controlled substances according to specific Schedules. These Schedules are found in Florida Statutes 893.03 and range from Schedule I to Schedule V based on their potential for abuse and addiction. Substances listed under Schedule I have the highest potential for abuse, while substances listed under Schedule V have the lowest potential for abuse and the lowest risk of dependence. Penalties for substances found under Schedule I are more severe than for other scheduled substances.
If you are convicted for a controlled substance offense your driver’s license will be automatically suspended for a period of 1 year.
Controlled substance offenses are serious crimes. Possession with intent to sell, manufacture or deliver, or, the sale, manufacture or delivery of certain controlled substances can result in a charge as severe as a second degree felony which is punishable by up to 15 years in prison and a fine up to $10,000.
Common substances such as Codeine, Hydrocodone and Oxycodone qualify as Schedule I or II substances and an individual can face serious charges if found with these items in violation of Florida controlled substances law.
Penalties are even more severe if the complained of offense took place in or within 1000 feet of certain designated areas. These areas include but are not limited to schools, parks, child care facilities and places of worship. Furthermore, depending on the location, a defendant charged may also face minimum mandatory terms of imprisonment.
Possession of certain quantities of controlled substances can also result in a Trafficking charge.
A Trafficking conviction normally results in a more serious felony offense with higher maximum terms of imprisonment, larger mandatory fines and minimum mandatory prison sentences.
Florida law allows for constructive possession of a controlled substance. As such, you can be charged with possession of substance not found on your person, if there is proof that:
- You knew of the presence of the controlled substance, and
- You had the ability to exercise control over it.
There are various defenses to a controlled substance charge. We are able to review and examine issues such as:
– The Lawfulness of any stop, search or arrest,
– The Lawfulness of any statements you provided,
– Whether there is sufficient evidence to support possession, manufacture,
sale, delivery or trafficking, etc.
We handle all types of controlled substances charges. We will file appropriate motions on your behalf and conduct the necessary investigation to fight these charges.
Contact us if you are facing criminal charges for a controlled substance.