Drug Possession and Your Legal Rights

Possession of illicit narcotics is treated seriously by the law. There are serious consequences for a lot of drug offenses, including a mandatory minimum prison term, license suspension, and a permanent criminal record.
Even if the illicit narcotics were discovered at your home, in your car, or on your person, there are numerous defenses to these alleged offenses. Your constitutional rights will be upheld by our criminal defence attorneys while they FIGHT for you
In Florida, possession of a controlled substance is the most frequent drug accusation. There are two ways to prosecute and prove drug possession as a felony under Florida law.

Present Possession

Drug Possession
Drug Possession

Possessive Construction.
Drugs were discovered on your person or in your actual possession if they were within reach of you personally.
The term “constructed possession” refers to having control over the location of the narcotics. The State of Florida must demonstrate both knowledge and control of the substance in order to establish constructive possession.


It’s crucial to work with a qualified lawyer who will stand up for you and explore all of your alternatives to protect your constitutional rights!
Regardless of whether your arrest was legal, the consequences of being found in possession of an illicit narcotic will follow you for the rest of your life. Employing a forceful defense lawyer who will fight for you to secure a result that would enable the expunction or sealing of the arrest in the future is crucial.

Your Guide to Florida Drug Possession Penalties

Marijuana possession (20 grammes or less)
Marijuana possession that weighs 20 grams or less is a first-degree misdemeanor.
The maximum sentence for a first-degree misdemeanor is one year in prison and a fine of $1,000.
Marijuana possession (greater than 20 grammes)


It is a third-degree felony to have more than 20 grams of marijuana in your possession.
The maximum sentence for a third-degree felony is five years in prison and a fine of $5000.
Drug possession, including heroin, cocaine, and ecstasy
A third-degree felony is committed when someone is found in possession of a controlled substance, such as cocaine, heroin, meth, ecstasy, or another illegal narcotic.
A third-degree offense carries a potential sentence of five years in prison and a maximum fine of $5000.

More possessions compared to 10 grammes of heroin

A 1st Degree Felony is committed when someone has more than 10 grams of heroin (or the majority of Schedule I narcotics and similar opiate substances mentioned in 893.03(1)(a) or (1)(b)). The maximum sentence for a first-degree felony is 30 years in prison and fines that might reach $10,000.

Possession of a Controlled Substance

It is a second-degree felony to possess a specified chemical with the purpose of forcibly creating a controlled substance. These substances might contain substances used to produce ecstasy, GHB, methamphetamines, or other narcotics. The maximum sentence for a second-degree felony is 15 years in prison and a $10,000 fine.

Possession of Marijuana Accessories

A first-degree misdemeanor is committed when someone uses, has, manufactures, delivers, or advertises drug paraphernalia. Pipes, bongs, other smoking tools, spoons, needles, syringes, scales, measuring or preparation tools, containers, bags, and other objects are all considered to be drug paraphernalia under Florida law.
The maximum sentence for a first-degree misdemeanor is one year in prison and a fine of $1,000.

WHAT IS A CONTROLLED SUBSTANCE?

According to Ohio law, a drug, combination, mixture, preparation, or substance that is listed on its drug schedule is a controlled substance. From most to least dangerous, controlled chemicals are divided into five schedules. Schedule V contains medications that are thought to have a reduced potential for abuse, whereas Schedule I contains compounds that are believed to be more harmful (and thus carry the toughest legal penalties for possession).

Here is a breakdown of the schedule

Drug Possession
Drug Possession

Substances listed in Schedule I have a significant potential for abuse and neither a limited nor an approved medicinal purpose. Synthetic marijuana, heroin, ecstasy, marijuana, and peyote are all classified as Schedule I substances.


Schedule II drugs have a low-recognized medical purpose but a high potential for misuse. Cocaine, GHB, and morphine are classified as Schedule II substances.
List III of chemicals has both established medical uses and considerable potential for misuse. Ketamine and anabolic steroids are classified as medicines in Schedule III.
Schedule IV: Substances with a lesser misuse potential than Schedule III drugs and established medical applications Ativan, Xanax, and their generic equivalents are examples of schedule IV medicines.
Schedule V: Medicinal drugs with a low potential for abuse that are often prescribed A common example of a schedule V medicine is acetaminophen with codeine.

OHIO LAW ON

Drug Possession
Drug Possession

It is against the law to possess a controlled substance in Ohio. The type and quantity of drugs used will determine the charge for a drug crime. A person may be accused of either simple drug possession or aggravated drug possession, depending on these conditions.

Except for marijuana, heroin, cocaine, LSD, and some other narcotics, anybody in possession of a Schedule I or Schedule II controlled substance may be prosecuted for aggravated possession of drugs. Depending on how much material a person had in their possession, they could face the following punishment:

Less than the “bulk” amount: fifth-degree felony, subject to a $2,500 fine and/or a minimum of 6 to a maximum of 12 months in jail.
The vast majority of felony in the third degree is punished by a fine of up to $10,000 and/or between 9 and 36 months in jail, or more, but less than 5 times the bulk amount.
More than five times the bulk amount but less than fifty times this amount: second-degree felony, punishable by a fine of up to $15,000 or by a prison sentence of three to eight years.


50 times the bulk amount or more, but less than 100 times this amount: first-degree felony, subject to a fine of up to $20,000 and/or a prison sentence of three to eleven years.
a first-degree crime punishable by a fine of up to $20,000 and/or up to 11 years in prison if the amount is 100 times the bulk amount or more. Depending on the prohibited substance included in the offense, the “bulk” amount varies. A person will be regarded as a significant drug offender if they are accused of having 100 times or more of the bulk amount.

Contrarily, having a Schedule III, IV, or V controlled substance in your possession constitutes drug possession. The punishment is dependent on the quantity of drugs involved, much like with aggravated possession.

Less than the bulk amount: first-degree misdemeanor, subject to a $1,000 maximum fine and/or 180 days in prison. For a second or more serious offense, the charge is upgraded to a felony in the fifth degree, which carries a maximum fine of $2,500 as well as a maximum 12-month jail sentence.


The bulk amount or more, but less than five times the bulk amount: fourth-degree felony, punishable by a fine of up to $5,000 or by serving between six and eighteen months in jail.

More than five times the bulk quantity but under fifty times this amount: a third-degree felony punishable by a $10,000 maximum fine and between nine and thirty-six months in jail.
50 times the bulk amount or more is a second-degree crime that carries a maximum $15,000 fine and/or a jail sentence of 2 to 8 years.

Alternative sentencing guidelines are now available in many states for situations involving simple drug possession. These initiatives emphasize drug rehabilitation and treatment. The requirements for participation in these programs are determined by each state or municipal authority. These often-referred-to “diversion programs” aim to provide first-time offenders a chance to get support while avoiding a criminal record.

The drug court, or drug treatment court, is a popular model that is currently in use. These programs could take place at the felony or misdemeanor level. The defendant has the option to speak with a criminal defense attorney in either scenario and decide if they wish to enroll in the drug court program. The court frequently puts off punishment after individuals enter the program by entering a guilty plea. If the

Reference by

https://fuscolaw.org/drug-possession-northeast-florida/

https://engelandmartin.com/practice-areas/criminal-defense/drug-possession/

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