First Time Drug Possession Charges in Florida
Being charged with drug possession can be an overwhelming experience, especially if it’s your first time. Florida has strict drug laws, and it’s important to understand the consequences of drug charges.
Below, we’ll answer some common questions about first-time drug possession charges in Florida to help you navigate this difficult situation.
What Is Considered a Controlled Substance in Florida?
Controlled substances are drugs that the government has decided to regulate due to their potential for abuse and addiction. In Florida and across the country, controlled substances are categorized into five schedules based on their potential for abuse, medical value, and likelihood of dependence. Schedule I is the most dangerous category, while Schedule V is the least dangerous.
- Schedule I—drugs with a high potential for abuse and no currently accepted medical use, such as heroin, marijuana, and LSD.
- Schedule II—drugs with a high potential for abuse but some currently accepted medical use, such as oxycodone, fentanyl, and cocaine.
- Schedule III—drugs with a moderate potential for abuse and some currently accepted medical use, such as codeine, ketamine, and anabolic steroids.
- Schedule IV—drugs with a low potential for abuse and some currently accepted medical use, such as Valium, Xanax, and Ambien.
- Schedule V—drugs with a low potential for abuse and some currently accepted medical use, such as cough syrups with low concentrations of codeine and over-the-counter antihistamines.
Florida’s Drug Abuse Prevention and Control Act regulates controlled substances and establishes penalties for their possession, manufacturing, and distribution. Generally, it is illegal to possess a controlled substance unless you have a valid prescription from a doctor.
What Are the Penalties for a First-time Possession Charge in Florida?
In Florida, possessing less than 20 grams of marijuana is a first-degree misdemeanor. It can result in up to 1 year in jail and fines of up to $1,000. If the amount is over 20 grams, it’s considered a felony, with more severe penalties depending on the quantity.
The penalties for first-time drug possession charges in Florida are outlined below:
Possession of Controlled Substances
First-time possession of any amount of controlled substances is a felony, with a specific penalty based on the drug and amount possessed. For example:
- Cocaine. Possession of less than 28 grams of cocaine is considered a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
- Heroin. Possessing less than four grams of heroin is also considered a third-degree felony with the same penalties.
- Methamphetamine. Possessing less than 14 grams amount of methamphetamine is a third-degree felony in Florida.
Other consequences of a first-time offense of possession of a controlled substance may include being ordered to participate in drug treatment programs, performing community service, and having a permanent criminal record that may affect future housing and job prospects.
Possession of Larger Quantities
Larger quantities of these drugs may result in drug trafficking charges, a more serious felony with much harsher penalties. For instance, possessing 28 grams or more of cocaine or 14 grams or more of methamphetamine can lead to a first-degree felony charge, with mandatory minimum sentences starting at three years in prison and fines ranging from $50,000 to $200,000.
Possession of Prescription Drugs
Possessing prescription medications without a valid prescription is illegal in Florida. The penalties for first-time possession of prescription drugs vary depending on the type and quantity of the medication:
- Oxycodone. Possessing fewer than seven tablets of oxycodone without a prescription is a first-degree misdemeanor, which can result in up to one year in jail and a $1,000 fine.
- Xanax (Alprazolam). Possessing fewer than 20 tablets without a prescription is classified as a third-degree felony, carrying penalties of up to five years in prison and a $5,000 fine.
Hydrocodone. Possession of fewer than 14 grams without a prescription is treated as a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
It’s important to note that sentencing can vary based on the specifics of the case, including prior criminal history and the circumstances surrounding the possession. In many cases, defendants will receive a lighter sentence, such as probation or drug diversion programs. When facing drug possession charges in Florida, it’s vital to consult with an attorney to understand potential penalties and develop a defense strategy.
What Is the Penalty for a 1st-Time Offense of Possession of Weed in Florida?
Florida has not decriminalized recreational marijuana like other states. You can get a medical marijuana card and possess the substance legally. But if you don’t have a prescription, possession of weed is still illegal in Florida.
If caught with 20 grams or less of marijuana for the first time without a prescription, it is considered a misdemeanor. This offense is punishable by up to one year in jail and a $1,000 fine. Possession of more than 20 grams of marijuana is a felony in Florida, which is punishable by up to five years in prison and a $5,000 fine.
In Florida, a first-time offense for possession of cannabis (less than 20 grams) is classified as a first-degree misdemeanor. The penalties can include up to one year in jail or one year of probation, and a fine of up to $1,000. Additionally, offenders may face driver’s license suspension and mandatory drug education classes.
Minimum Sentence for Cocaine Possession in Florida
Under Florida Statute 893.13, possessing fewer than 28 grams of cocaine is classified as a third-degree felony. The penalties for this offense include:
- Mandatory Minimum Sentence: Five years in prison or probation.
- Fines: Up to $5,000.
- Additional Penalties: Possibility of mandatory drug treatment, community service, and a permanent criminal record that can impact future employment and housing opportunities.
It’s important to note that sentencing can vary based on the specifics of the case, including prior criminal history and the circumstances surrounding the possession. Consulting with a legal professional is advised for anyone facing such charges.
Do First-Time Drug Offenders Go To Jail?
A judge must weigh several factors when deciding whether or not to send a person to jail. Here are just some of the factors judges must consider:
- The type of charges;
- The prior criminal history of the accused;
- Whether the prosecution alleges aggravating factors; and
- Whether the law requires the judge to impose a minimum-mandatory sentence.
Due to the state’s strict drug laws, even a first-time possession charge in Florida could result in jail time. However, not all first-time offenders charged with drug possession have to go to jail.
Having a trusted lawyer by your side gives you the best chance of staying out of jail and getting a just resolution to your case.
Average Jail Time for Drug Possession in Florida
In Florida, the penalties for drug possession vary depending on the type and amount of drug involved. Most drug possession charges are classified as third-degree felonies. If convicted of a third-degree felony for drug possession, the maximum penalty is up to five years in prison and a fine of up to $5,000.
However, actual jail time can vary widely based on several factors including the defendant’s criminal history, the specific circumstances of the case, and whether any plea deals are made. On average, first-time offenders may receive lighter sentences such as probation, community service, or participation in a drug diversion program rather than substantial jail time.
What Should I Do If I’m Charged with First-Time Drug Possession?
If you’re charged with first-time drug possession, the most important thing to do is to stay calm and don’t talk to the police without an attorney. Contact a criminal defense lawyer as soon as possible to discuss your case and get legal advice. A lawyer can help you understand your options and work to get the best possible outcome for your case. They may be able to get your charges reduced or even dismissed.
What Defenses Are Available Against a First-Time Drug Possession Charge in Florida?
If you’re facing a first-time drug possession charge in Florida, there are several defenses that you may be able to use to beat your case.
- Lack of knowledge. You may be able to argue that you did not know that the substance you had was a controlled substance. This defense is often used when someone has accidentally taken possession of a drug, such as if they were given a drink that they did not know contained drugs.
- Illegal search and seizure. If the police illegally searched you or your property and found drugs, the prosecution will not be able to use the evidence at trial and your case may be dismissed. This is because the Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures.
- Entrapment. Entrapment occurs when law enforcement officials persuade someone to commit a crime they would not have otherwise committed. If you were entrapped into possessing drugs, your case may be dismissed.
- Lack of possession. You may be able to argue that you were not actually in possession of the drugs. This defense is often used when the drugs were found in a car or other vehicle that you were in, but you did not have exclusive control over the vehicle.
- Valid prescription. If you have a valid prescription for your controlled substance, you will not be charged with a crime. However, you may still be charged with a crime if you do not follow your prescription’s terms.
Remember, these are just general examples, and the specific defenses applicable to your case will depend on the circumstances of your arrest and the exact charges you face. These defenses can be complex and require legal expertise, so it’s important to consult with an experienced attorney to discuss your specific situation.
Moses and Rooth: Criminal Defense Lawyers Dedicated to Serving You
At Moses and Rooth, as former state prosecutors, we have handled hundreds of drug cases over our combined 30 years of practice. With this experience, we can skillfully present your defense and give you the best chance for a successful outcome on your first possession charge. Call us today or fill out our contact form to schedule a free consultation and defend your rights.
Frequently Asked Questions
What is Considered Drug Paraphernalia in Florida?
Anything that is meant to be used for planting, growing, harvesting, producing, packing, storing, or consuming controlled substances is referred to as drug paraphernalia. Examples include pipes, bongs, rolling papers, and syringes. Possession of drug paraphernalia can result in additional charges and penalties in Florida.
Can I Lose My Driver’s License for a First-Time Drug Possession Charge?
Yes, a conviction for drug possession in Florida can lead to a driver’s license suspension. The length of the suspension may vary, but it typically ranges from six months to one year. This is in addition to other penalties such as fines or jail time.
What is a Drug Diversion Program, and Who is Eligible for It?
A drug diversion program is an alternative to traditional criminal sentencing that focuses on rehabilitation rather than punishment. Participants may be required to complete drug education courses, undergo regular drug testing, and attend counseling sessions. Eligibility often depends on the nature of the charges, criminal history, and the specific circumstances of the case.
What Impact Does a First-Time Drug Possession Charge Have on My Criminal Record?
A conviction for drug possession will result in a permanent criminal record, which can impact future employment, housing opportunities, and professional licenses.
Is It Possible to Expunge a First-Time Drug Possession Charge in Florida?
Yes, under certain conditions, a first-time drug possession charge may be eligible for expungement or sealing. This process removes the record of the charge from public view, though it does not erase the conviction itself. Eligibility depends on factors such as the type of drug, the amount, and whether the individual completed a diversion program or probation successfully.
Are There Any Alternatives to Incarceration for First-Time Drug Offenders?
Yes, Florida has a robust system that addresses drug charges called Drug Court. This court offers several alternatives to incarceration for first-time drug offenders, such as probation, community service, and participation in drug treatment programs. These alternatives focus on rehabilitation and preventing future offenses, and successful completion may result in reduced penalties or dismissal of charges.
How Does a Plea Bargain Work in a First-Time Drug Possession Case?
A plea bargain is an agreement between the defendant and the prosecution. It involves the defendant pleading guilty to a lesser charge or receiving a reduced sentence in exchange for a guilty plea. In first-time drug possession cases, plea bargains might involve reduced penalties, probation, or participation in a diversion program as alternatives to jail time.
What Happens If I’m Arrested for Drug Possession at School or Near a School Zone?
Being arrested for drug possession within 1,000 feet of a school, college, park, or other designated drug-free zone can lead to enhanced penalties. In Florida, this could elevate the charge to a higher degree felony, resulting in harsher sentences and fines compared to similar offenses outside these zones.
Jay R. Rooth
Jay is an experienced and dedicated attorney. Whether you need help with a DUI or a more serious felony, Jay is ready to fight for you. Not only is Jay highly regarded by his peers, he’s also strongly recommended by his clients. Jay obtained his Law degree from Barry University Law School. Jay is a active member of the Orlando Chamber of Commerce, the Federalist Society, Florida Bar Association, the Orange County Bar Association, the Central Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Attorneys.
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