Jacksonville Drug Possession Attorneys

Florida Drug Possession Penalties

It is difficult to detail the exact charges you face without a one-on-one consultation, as drug charges in Florida vary greatly depending on a number of factors, including the type of drug, the amount possessed, prior convictions, and more. That being said, we’ve provided a general outline of some of the most common drug charges in the state, as well as their corresponding penalties.

Misdemeanor Drug Possession in FL

• Possession of Up to 20 Grams of Marijuana (excludes legal possession of medical marijuana): A first-degree misdemeanor, punishable by up to one year in jail plus additional costs and fees

Is Drug Possession a Felony in Florida?

In Florida, the following drug possession offenses are considered felonies:

• Possession of More than 20 Grams of Marijuana: A third-degree felony, punishable by up to five years in prison plus fines
• Possession of More than 25 Pounds of Marijuana: A first-degree felony, punishable by up to 30 years in prison and fines of up to $250,000
• Possession of Up to 28 Grams of Cocaine: A third-degree felony, punishable by up to five years in prison plus fines
• Possession of More than 28 Grams of Cocaine: A first-degree felony, punishable by up to 30 years in prison and fines of up to $250,000
• Possession of Up to 4 Grams of an Opioid (e.g. heroin): A third-degree felony, punishable by up to five years in prison plus fines
• Possession of More than 4 Grams of an Opioid: A first-degree felony, punishable by up to 30 years in prison and fines of up to $250,000

As previously mentioned, this list is not exhaustive nor is it all-inclusive of the potential penalties of drug possession in Florida. You may face enhancements, or more severe penalties, if you have prior convictions or if other specific factors are present.

Elements of Drug Possession in Florida

When prosecuting drug charges, authorities must prove the following three elements:

• Substance was an illicit/controlled substance under Florida law.
• Defendant was aware of presence of the drug and its illicit nature.
• Defendant had control over the substance or its location.

Defense to Drug Possession Charges in FL

When defending against possession charges, our Jacksonville drug possession attorneys often seek to challenge one or more of the above required elements.

The following are strategic defenses against drug possession charges in Florida:

1. Illegal Search and Seizure

One of the most common things we see at First Coast Criminal Defense is that our clients were subject to illegal searches. When this occurs, we can fight to have the illegally obtained evidence against you thrown out.

The Fourth Amendment protects people against unreasonable searches made by police to maintain personal privacy. Police are required to follow specific protocols when investigating criminal offenses.

In order to conduct a search, police must:

• Have probable cause that they can find evidence that you committed a crime and have a warrant
• Justify that the search was absolutely necessary in the moment and there was no time to spare to get a warrant

Proving that the police violated the defendant’s Fourth Amendment rights is one of the most common defenses against drug possession charges. Any evidence that was obtained during an illegal search cannot be used against the defendant.

2. Constructive vs. Actual Possession

Prosecutors must prove that the defendant was aware of the drugs; being close to them is not enough to find the defendant guilty. Defense attorneys can argue that the defendant did not know about the drugs, even if they were technically under their ‘dominion and control.’

3. Medical Exemptions

In Florida, medical marijuana is legal. In the case of marijuana possession, we may be able to argue that you were legally allowed to possess marijuana under Florida’s medical marijuana laws. 

Some qualifying conditions include:

What To Do If You’re Facing Drug Possession Charges in FL

It is absolutely crucial that you contact a qualified Jacksonville drug possession lawyer as soon as possible after being arrested for or charged with drug possession in Florida. The sooner you get in contact with legal representation, the sooner they can begin building your defense. Our legal team can help you determine your best options and build a defense to your charges that focuses on protecting your future.

For a complimentary, confidential case evaluation, contact First Coast Criminal Defense at (904) 474-3115 today to speak with our Jacksonville drug possession attorneys.