Possessing illicit substances is a crime in Florida — even if you were not partaking in them or selling them to others. But what is the minimum amount of drugs you can possess before you risk jail time? The answer depends on the class of substances you are found with. A Florida drug possession lawyer can evaluate your potential charges to determine what penalties you might face.
Florida’s Five Drug Classifications
Florida classifies drugs into five different “schedules” based on their likelihood for abuse. The more dangerous a substance is, the lower the number and the harsher the penalty for carrying it.
- Schedule I: Heroin, LSD, MDA, psilocybin, methaqualone, mescaline, and even marijuana in Florida
- Schedule II: Opium, morphine, cocaine, meth, fentanyl, oxycodone, and amphetamines
- Schedule III: Anabolic steroids, derivatives of barbituric acid, ketamine, and drugs containing limited amounts of hydrocode, codeine, and morphine
- Schedule IV: Phenobarbital, lorazepam, and diazepam
- Schedule V: Drugs with very low amounts of opium, codeine, and ethyl-morphine
If you are found with any of these substances without a prescription, you may face criminal penalties and should contact aFlorida drug possession lawyeras soon as possible.
Even Possessing Small Amounts of Drugs Can Land You in Jail
Carrying even a tiny amount of any of these controlled substances could land you with possession charges. Jail time is a potential penalty for even a second-degree misdemeanor, the lowest classification of charges you might face after being found with drugs. Whether the officer charges you with a misdemeanor or felony depends on the schedule and the amount of the substance in your possession.
Here are a few examples ofdrug possession crimesthat could result in misdemeanor or felony charges:
- Second-degree misdemeanor: Unlawfully possessing Schedule V controlled substances is a second-degree misdemeanor, which could lead to a prison sentence of up to 60 days
- First-degree misdemeanor: Possessing 20 grams or less of cannabis is a first-degree misdemeanor, which carries a maximum sentence of one year imprisonment and $1,000 in fines.
- Third-degree felony: Illegally possessing any Schedule I, II, III, or IV substances could land you with up to five years in prison and up to $5,000 in fines.
- First-degree felony: Carrying more than 10 grams of a Schedule I or II substance is often a first-degree felony offense, which carries a prison sentence of up to 30 years and a fine up to $10,000.
Because your charges and penalties can vary so widely depending on the type and amount of the drug, you should speak with a Florida drug possession lawyer about your specific charges.
How To Avoid Jail Time After a Drug Possession Charge
If you have been charged with the possession of a controlled substance, your legal representation can develop a criminal defense strategy in an attempt to reduce your charges and avoid jail time. This may be easier if you have a misdemeanor case vs. a felony, as some felony drug offenses havemandatory minimum imprisonmentpolicies in Florida.
If you are a first-time offender, you may be able to attend a pretrial intervention program instead of serving jail time, potentially helping you avoid a conviction altogether.
Alternatively, you may qualify for drug court if you have no more than two nonviolent felony convictions on your criminal record. This is an intensive program for those with untreated substance abuse or mental health issues.
Michael White, P.A., Is Here To Represent You
Facing drug possession charges in Florida can be stressful, but your legal representation can significantly aid this process. Michael White, P.A., is here to build a strong defense and attempt to help you avoid jail time. Schedule your free consultation with a Florida drug possession lawyer today by calling 954-270-0769.