Possession of a Controlled Substance

Possession of a controlled substance is a serious offense in Florida carrying the potential for significant legal consequences including fines and jail time. When faced with these charges, it’s crucial to understand the laws, penalties, and options for defense.

Melbourne Attorney for Possession of a Controlled Substance

The penalties for possessing illegal substances vary based on the drug’s schedule. Whether or not that drug will be prosecuted depends on the amount, the location, and how controlled the substance is (the drug’s schedule).

If you are facing charges of possessing illegal substances, you may be facing anywhere from a small fine to years in prison. If this is the case, you need to contact an experienced defense attorney immediately.

Germain Legal provides legal defense for those charged with Possession of a Controlled Substance in Central Florida.

Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

• Florida Drug Classifications
• Specific Drug Offenses
• What is Possession of a Controlled Substance?
• What Are the Penalties for Drug Possession?
• What Are Potential Alternatives to Incarceration?
• What Are Potential Defenses to Drug Possession Charges?
• What Can a Drug Possession Attorney Do For Me?
• Frequently Asked Questions
• Additional Resources
• Hire an Attorney for Possession of a Controlled Substance

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Florida Drug Classifications

Schedule I: Florida Statutes Section 893.03(1)

These substances have a high potential for abuse, no accepted medical use, and lack safety under medical supervision. Popular drugs in this category include heroin, LSD (Lysergic acid diethylamide), MDMA (Ecstasy), marijuana (cannabis), and psilocybin (magic mushrooms).

Schedule II: Florida Statutes Section 893.03(2)

Substances in this category also have a high potential for abuse but are accepted for medical use under severe restrictions. Abuse may lead to severe psychological or physical dependence. Common examples include cocaine, methamphetamine, oxycodone (OxyContin), fentanyl, Adderall (amphetamine), and hydrocodone (in pure form or in high doses).

Schedule III: Florida Statutes Section 893.03(3)

These drugs have a potential for abuse that is less than Schedule I or II substances. They have an accepted medical use and may lead to low-moderate dependence or high psychological dependence. Notable drugs include ketamine, anabolic steroids (such as testosterone), buprenorphine (Suboxone), and codeine (in combination products with less than 90 mg per dosage unit).

Schedule IV: Florida Statutes Section 893.03(4)

These substances have a low potential for abuse compared to Schedule III drugs, accepted medical use, and could lead to some psychological or physical dependence. This includes alprazolam (Xanax), diazepam (Valium), lorazepam (Ativan), tramadol, and zolpidem (Ambien).

Schedule V: Florida Statutes Section 893.03(5)

Drugs in this category have the lowest potential for abuse compared to Schedule IV substances, have accepted medical use, and could lead to some psychological or physical dependence. Common examples are cough preparations containing codeine (such as Robitussin AC, Phenergan with Codeine), pregabalin (Lyrica), and Lomotil (which contains diphenoxylate and atropine).

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Specific Drug Offenses

Fentanyl

Fentanyl is a potent synthetic opioid used for severe pain management, particularly in cancer patients. It is also classified as a Schedule II controlled substance according to Florida Statutes Section 893.03(2)(b)9.

Methamphetamine

Methamphetamine is a highly addictive stimulant drug that affects the central nervous system, often used illegally to increase alertness and energy. It is classified as a Schedule II controlled substance according to Florida Statutes Section 893.03(2)(c)5.

MDMA / Ecstasy

MDMA/Ecstasy is a synthetic drug that alters mood and perception, often producing euphoria and heightened sensory experiences. The drug DMA is classified as a Schedule I controlled substance according to Florida Statutes Section 893.03(1)(c)26 and Section 893.03(1)(c)192(m).

Cocaine

Cocaine is a powerful stimulant drug that is derived from the coca plant and is highly addictive. It is classified as a Schedule II controlled substance according to Florida Statutes Section 893.03(2)(a)4.

Kratom

Kratom is an herbal substance from Southeast Asia that acts as a stimulant or sedative, depending on dosage. According to the provided Florida statutes, Kratom is not listed in any controlled substance schedule (Schedule I through V). It does not fall under any specific controlled substance schedule. In Florida, Kratom is unlawful to possession by individuals under age 21.

LCD

LSD (Lysergic acid diethylamide) is a hallucinogenic drug that alters perception and mood. It is classified as a Schedule I controlled substance. LSD is classified under Florida Statues Section 893.03(1)(c)19.

Hydrocodone

Hydrocodone is an opioid medication used to treat severe pain, often combined with acetaminophen or other non-opioid pain relievers. It falls under Schedule II when it is in its pure form or in combination products that do not fall within specific limitations. However, hydrocodone can also fall under Schedule III if it is in a combination product that contains no more than 300 milligrams of hydrocodone per 100 milliliters or no more than 15 milligrams per dosage unit.

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What is Possession of a Controlled Substance?

According to Florida Statutes Section 893.13(6)(a), possession of a controlled substance means having actual or constructive possession of a drug that is classified as a controlled substance under Florida law. For a person to be convicted, the prosecutor must prove:

1. The Substance is Controlled: The prosecutor must show that the substance involved is listed as a controlled substance under Florida Statutes Section 893.03.
2. The Defendant Had Knowledge: The prosecutor also must show that the defendant knew of the presence of the substance. The person must be aware that the substance was in their possession.
3. The Defendant Had Control Over the Substance: The prosecutor must demonstrate that the defendant had possession of the substance. This means showing that the defendant either had the substance physically on their person (actual possession) or had control over the location where the substance was found (constructive possession).
4. The Possession Was Not Authorized: The prosecutor must establish that the defendant did not have legal authorization, such as a valid prescription, to possess the controlled substance.

In Florida, more than one person can be charged with possessing the same controlled substance. This is known as “joint possession.” If two or more individuals are found near an illegal substance, they may all be charged if it’s shown that they had control over or access to the substance.

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What Are the Penalties for Drug Possession?

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What Are Potential Alternatives to Incarceration?

1. Probation: Probation allows an individual to remain in the community under supervision instead of serving time in jail. The person must follow specific conditions, such as regular reporting to a probation officer, attending counseling, or passing drug tests. Violation of probation terms can lead to incarceration.
2. Pretrial Diversion Program: This program is often available for first-time offenders or those charged with non-violent crimes like possession of a controlled substance. If the individual completes a drug rehabilitation program successfully, the charges may be dismissed. The program usually involves substance abuse treatment, community service, and other rehabilitative activities.
3. Drug Court | Drug Rehabilitation : Drug courts offer an alternative to incarceration by providing a structured environment where individuals receive treatment and undergo regular monitoring. Participants must attend counseling sessions, submit to random drug testing, and appear regularly before a judge. Successful completion of the program can result in reduced or dismissed charges.
4. Community Control: This is a form of house arrest where the individual is closely monitored within their community. The person may be required to wear an electronic monitoring device and is restricted to their home except for approved activities, such as work, school, or medical appointments.
5. Community Service: The court may impose community service as a way for the individual to give back to the community while avoiding jail time. The number of hours and type of service will depend on the specifics of the case and the court’s requirements.

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What Are Potential Defenses to Drug Possession Charges?

1. Lack of Knowledge: This defense applies if the person didn’t know the substance was in their possession or if they were unaware of its illegal nature.
2. Lack of Possession: This defense challenges the idea that the person had constructive or actual possession of the controlled substance. The person might argue that the substance belonged to someone else or that they had no control over the area where the substance was found.
3. Valid Use: If the person possessed the substance under a valid prescription from a licensed practitioner, this defense can be used. It shows that the possession was lawful because it was authorized by a prescription for medical use. Also, certain individuals may possess or deliver controlled substances for medical or scientific purposes, provided they are acting in the normal course of business or research.
4. Illegal Search and Seizure: If law enforcement officers obtained the evidence through an illegal search or seizure, the person can argue that their Fourth Amendment rights were violated. Any evidence obtained through such means might be excluded from the case, which could lead to dismissal of the charges.
5. Entrapment: This defense applies if law enforcement officers induced the person to commit an offense that they would not have otherwise committed. The person must show that the idea and encouragement to possess the substance originated with law enforcement and not with them.
6. Medical Necessity: This defense is used when a person claims that they had no reasonable alternative but to possess the controlled substance for a legitimate medical condition that requires immediate attention. It’s a rare defense and must meet specific criteria.
7. Lack of Intent: The defense may argue that the person did not have the intent to possess the controlled substance, which is a key element of the crime.
8. Chain of Custody Issues: If the prosecution cannot prove that the substance was properly handled and stored from the time of seizure to its presentation in court, the defense may argue that the evidence is unreliable and should be excluded.
9. Misidentification: If the controlled substance is found in a shared space, the defense can argue that someone else was responsible and that the person charged was mistakenly identified as the possessor.
10. Substance Not a Controlled Substance: The defense can argue that the substance in question is not actually a controlled substance as defined under Florida law, challenging the chemical analysis or identification made by the prosecution.
11. Innocent Possession: This defense applies when the person argues that they possessed the substance only to immediately dispose of it or turn it over to the authorities, with no intent to use or distribute it.

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What Can a Drug Possession Attorney Do For Me?

Understand the Charges Against You: A lawyer will explain what the possession charge means in simple terms. They’ll break down what you’re accused of and the potential consequences you face, including fines, jail time, or a criminal record.

Examine the Circumstances of Your Arrest: A lawyer will thoroughly review the details of your arrest to see if the police followed the law correctly. This involves looking at how the controlled substance was found, whether the search was legal, and if your rights were respected during the process. Any mistakes by the police could impact the case.

Build a Strong Defense Strategy: Based on the specific details of your case, your lawyer will create a strategy aimed at getting the best possible outcome for you. This could involve questioning the evidence against you, negotiating with the prosecutor, or preparing for trial. The goal is to challenge the charges and seek a reduction or dismissal if possible.

Negotiate with Prosecutors: Often, cases like yours don’t go to trial. Instead, your lawyer might work out a deal with the prosecutor. This could mean reducing the charges or negotiating a lesser penalty. An experienced drug possession lawyer knows how to negotiate effectively to get a more favorable outcome for you.

Guide You Through the Court Process: Going to court can be confusing and stressful, especially if you’ve never been involved in the legal system before. Your lawyer will guide you through each step, explaining what to expect and preparing you for hearings or trial. They will also speak on your behalf in court, making sure your side of the story is heard.

Support You in Making Informed Decisions: Throughout the process, you’ll have to make important decisions, such as whether to accept a plea deal or go to trial. Your lawyer will give you clear, honest advice, helping you understand the pros and cons of each option so you can make the best choice for your future.

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Frequently Asked Questions

Can someone be charged with possession if the drugs belong to someone else? Yes, a person can be charged with possession even if the drugs belong to someone else. The key factor is whether the person had knowledge of the drugs and exercised control over them, such as knowing about the drugs in a shared space like a car or home.

What is the difference between actual and constructive possession? Actual possession means having physical control over the controlled substance, such as having it in a pocket or hand. Constructive possession, on the other hand, means having access to and control over the place where the substance is found, like a car or home, even if it is not directly on the person.

How does proximity to a controlled substance affect possession charges? Proximity alone does not necessarily mean possession. However, if a person is close to the controlled substance and has knowledge of it and the ability to control it, they may be charged with possession. The prosecution must prove that the person had control or the intent to control the substance.

What happens if multiple people are in a place where drugs are found? If multiple people are in a location where drugs are found, the prosecution must prove who had control or knowledge of the drugs to charge them with possession. Simply being present where drugs are found is not enough for a conviction unless there is evidence showing that a specific person had control over the drugs.

Can possession charges be expunged from a criminal record? In some cases, possession charges can be expunged or sealed from a criminal record, particularly if it is a first offense or if the person successfully completes a pretrial intervention program.

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Additional Resources

Florida Statutes Section 893.13 – Florida Statutes Section 893.13 outlines the laws regarding the sale, manufacture, and distribution of controlled substances in Florida. It specifies the penalties for various drug-related offenses, including selling, manufacturing, or possessing controlled substances with intent to distribute. The law also covers offenses committed near schools, parks, and other protected areas, imposing stricter penalties for such violations. Additionally, it addresses the illegal possession of controlled substances and the use of minors in drug trafficking activities.

Prescription of Controlled Substances: Benefits and Risks – This resource provides an overview of the challenges and considerations involved in prescribing controlled substances. It discusses the laws surrounding the prescription of these drugs, the risks associated with misuse and addiction, and the importance of proper assessment and monitoring of patients. The resource also outlines the characteristics of addictive disorders and provides guidance on managing pain while minimizing the risk of substance abuse.

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Hire an Attorney for Possession of a Controlled Substance

Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.