FLORIDA DRUG CRIMES

Florida has many criminal charges that could result from a drug arrest or drug investigation. The drug crime that can be charged is usually based upon the facts and the quantity of the drug. Under Florida drug laws, there are only two charges that are misdemeanors which can be punished by no more then one year in county jail or twelve months of probation. All other drug charges are felonies and are punishable by more then one year and one day in prison.

FLORIDA MISDEMEANOR DRUG CRIMES

There are only two drug crimes in Florida which are Misdemeanors. These are Possession of paraphernalia and Possession of Marijuana.

Possession of any drug paraphernalia is considered a misdemeanor. Drug Paraphernalia is considered things that help, facilitate, or possibly enhance the use of drugs. The most common examples are water pipes, bongs, pipes, rolling papers, and scales. It is not uncommon to see people charged with drug crimes and paraphernalia. Many times what would simply be a paraphernalia charge, crack pipe, is also used for the crime of possession of cocaine because of the residue of the burnt cocaine located inside through the use of chemical baths by law enforcement. The same is true for items used to smoke marijuana, or to inject heroin or oxy.

Possession of a small amount of Marijuana is a misdemeanor. This small amount includes one leaf found on a floor board or in a cigarette container. You would be amazed at the effort law enforcement will go through to find a little “shake” inside a car or on a person in order to get an arrest for marijuana possession.

A conviction for a misdemeanor drug charge will cause you to loose your drivers license for two years and may cause you to be incarcerated for up to one year. It is common to see jail time combined with probation, drug evaluation and treatment, random drug tests, and large fines. There are also collateral consequences which must be discussed with a qualified Drug Defense Attorney. I have been defending drug charges since 1998 and welcome the opportunity to discuss you case and discuss your options. Call me Attorney Robert Tager at (727) 723-1616 or (813) 855-7788.

To get more in depth information on any of the individual drugs or topics, click on that link.

FLORIDA FELONY DRUG CRIMES

Felony drug charges include all drug charges other then Possession of Paraphernalia and Possession of a small amount of Marijuana. Felonies are divided into categories: third degree, second degree, first degree, and life felony.

Possession: this is a third degree felony and includes all drugs including larger amounts of marijuana, cocaine, heroin, crack, and prescription drugs.

Possession with Intent to Distribute: Second degree felony. This is charged when there is some characteristic related to the located drugs to indicate the purpose of the possession is to sell or distribute. For example, if the substance is located in many separate bags, or is somehow divided into portions. It is not uncommon to see a possession with intent charge when there is a scale located near the drugs or a box of bags.

Sale or Distribution: The sale of a small amount of Marijuana is a third degree felony, whereas the sale of any other substance is a second degree felony. The charge of sale is exactly what it says. A person can be charged with sale or distribution of a controlled substance if that person sells or gives the drugs to another person.

Trafficking: First degree felony punishable by up to 30 years in prison. All trafficking charges involve minimum mandatory sentences. Essentially this drug crime involves weight or quantity of the drugs and this wright or quantity differs depending on the drugs or narcotics. This also includes prescription drugs, even for the person that owns the prescription. Many people wrongly believe this crime requires the actual possession of the drugs. Under Florida’s trafficking statute it is sufficient to endeavor to traffic without actually possessing the drug. Trafficking is proven by the state when they can show the quantity and/or weight, and either 1) possession, 2) sale, 3) delivery, 4) bringing into the state, or 5) purchasing.

Felony Drug Convictions will cause you to loose your drivers license for two years and may cause you to be incarcerated for up to the statutory maximum. There is also the possibility of probation, drug evaluation and treatment, random drug tests, and large fines. There are also collateral consequences which must be discussed with a qualified Drug Defense Attorney. I have been defending drug charges since 1998 and welcome the opportunity to discuss you case and discuss your options. Call me Attorney Robert Tager at (727) 723-1616 or (813) 855-7788.

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