In Florida, drug possession can be a felony or a misdemeanor. The type and amount of a substance classify these offenses. Drug possession charges are serial and can lead to prison or fines.
It is important to know how the drug possession laws work in Florida. Navigating the statutes of the state can be challenging. The situation is even worse when a person’s freedom is at stake.
Legal Elements of Drug Possession Charges
Florida has firm control of prohibited substances. Section 893.13 states that no person shall sell, manufacture, deliver or possess controlled substances for drug trafficking. There are three Statutory Elements for Drug Possession that must be completed to file charges:
- Laboratory analysis must show that the seized material is a controlled substance.
- The prosecutor must prove that the defendant knew of the drug and its illegal characteristics.
- The prosecutor must prove that the defendant knew of the location and presence of the drug.
Prosecution in state courts can proceed with these elements. The legal process involves determining whether the charge is a misdemeanor or felony.
What Constitutes a Felony Drug Charge?
The crime of drug possession in Florida can be a felony or a misdemeanor. In Florida, possession is a First-Degree Misdemeanor if the individual possesses up to 20 grams of marijuana. Meanwhile, it is a First-Degree Felony Possession if the individual has more than 25 lbs. of marijuana and more than 28 grams of cocaine.
Finally, it is a Third-Degree Felony Possession if a person keeps more than 20 grams of marijuana. It is even classified as this offense if they own up to 28 grams of cocaine.
Felonies are more serious and carry severe charges. For example, up to 30 years in prison. Meanwhile, the penalties for a misdemeanor are less aggressive. For instance, up to one year in jail in some cases.
Another consideration is whether marijuana possession is legal for medical use.
What To Do?
Being charged with drug possession is serious. The victim may feel stress and worry. However, it is not the end of the road. Whether it is a felony or a misdemeanor, the accused should seek experienced guidance from an attorney.
If you have been charged, an experienced criminal law professional can guide you through the legal process. Every case is unique. Knowing the details and receiving personalized legal attention are essential to your defense.