Practice Areas

Orlando Drug Possession Defense Lawyer

Possession of a Controlled Substance

Possession of a controlled substance can carry with it very severe penalties.  Whether it be heroin, methamphetamine, cocaine, ecstasy, or other illegal drugs, a conviction is a serious matter.  Possession of a controlled substance is a felony of the third degree, punishable by imprisonment of no longer than 5 years, and fines of no more than $5,000.

Possession of more than 10 grams of a Schedule I controlled substance (including heroin, LSD, and psilocybin) is a felony of the first degree, punishable by imprisonment of no longer than 30 years, and fines of no more than $10,000.

Possession of Drug Paraphernalia

Possession of drug paraphernalia carries with it its own penalties as a misdemeanor of the first degree.  This offense also includes use, manufacture, advertisement, transport, and delivery of drug paraphernalia.  Items that may be considered drug paraphernalia include (but are not limited to):

  • Syringes
  • Pipes
  • Water pipes
  • Bongs
  • Spoons
  • Rolling papers
  • Scales
  • Bags

A conviction for possession of drug paraphernalia is punishable with imprisonment for no longer than 1 year and a fine of no more than $1,000.

To consult with an experienced drug possession defense lawyer serving Orlando, call 855-686-6752

Possession of Marijuana

Penalties for possession of marijuana vary depending on the amount of marijuana in the offender’s possession.  Possession of up to and including 20 grams of marijuana is a misdemeanor of the first degree.  As such, it is punishable by up to 1 year in jail, and fines up to $1,000.

Possession of more than 20 grams of marijuana is a felony of the third degree, carrying stiffer penalties.  Felony possession of marijuana is punishable with imprisonment for no longer than 5 years and a fine of no more than $5,000.

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Unlawful Possession of Listed Chemicals

Unlawful possession of listed chemicals used in the manufacture of illegal substances (such as those used to create ecstasy or methamphetamine) is a felony of the second degree, and punishable with imprisonment for no longer than 15 years and a fine of no more than $10,000.

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Delivery of a Controlled Substance

Delivery of a controlled substance is defined as when a person is in possession of a larger amount of a controlled substance than what would be considered appropriate for their own personal use.  This offense does not require any type of monetary transaction in order for a conviction to be found, just transfer or attempted transfer.

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Carrying a Concealed Weapon

Unlicensed carrying of “a concealed weapon or electric weapon or device” is a misdemeanor of the first degree, punishable by imprisonment for no longer than 1 year, and fines of up to no more than $1,000.  Self-defense items such as pepper spray and nonlethal electric stun guns that are designed solely for defense do not apply.

Unlicensed carrying of a concealed firearm is a felony of the third degree, punishable by imprisonment for no longer than 5 years, and fines of up to no more than $5,000.

Trafficking

In situations where the amounts (by weight) of controlled substances meet or exceed a certain threshold, charges of trafficking become applicable.

Despite its name, trafficking is not limited to bringing the controlled substance into the state of Florida, but also includes its sale, delivery, manufacture, and purchase.

Two common examples are cannabis and cocaine:

Trafficking in cannabis is a first-degree felony separated into three levels, each with its own penalties –
If the amount of cannabis is in excess of 25 pounds but less than 2,000 pounds, or the number of cannabis plants is at least 300 but not more than 2,000, the offense is punishable by mandatory minimum imprisonment of 3 years, and a fine of $25,000.
If the amount of cannabis is at least 2,000 pounds but less than 10,000 pounds, or the number of cannabis plants is at least 2,000 but not more than 10,000, the offense is punishable by mandatory minimum imprisonment of 7 years, and a fine of $50,000.
If the amount of cannabis is 10,000 pounds or more, or the number of cannabis plants is more than 10,000, the offense is punishable by mandatory minimum imprisonment of 15 calendar years, and a fine of $200,000.

Trafficking in cocaine (or any mixture that contains cocaine) is a first-degree felony separated into three levels, each with its own penalties –
If the amount of cocaine (or mixture containing cocaine) is at least 28 grams but less than 200 grams, the offense is punishable by mandatory minimum imprisonment of 3 years, and a fine of $50,000.
If the amount of cocaine (or mixture containing cocaine) is at least 200 grams but less than 400 grams, the offense is punishable by mandatory minimum imprisonment of 7 years, and a fine of $100,000.
If the amount of cocaine (or mixture containing cocaine) is at least 400 grams, but less than 150 kilograms, the offense is punishable by mandatory minimum imprisonment of 15 calendar years, and a fine of $250,000.
If the amount of cocaine (or mixture containing cocaine) is at least 150 kilograms, the offense is punishable by life imprisonment and the offender is ineligible for parole.

Penalties become harsher still for larger amounts of cocaine, and/or if trafficking was found to be the probable cause of another person’s death.

Other controlled substances subject to trafficking charges include (but are not limited to) morphine, oxycodone, opium, amphetamine, and methamphetamine.

Unlawful Possession of a Weapon

Under Florida law, it is unlawful for any person who has been convicted of a felony, delinquent act, or crime against the United States that would have been distinguished as a felony to own, carry, or be in care of a firearm or electric weapon, or to carry a concealed weapon including a tear gas gun or chemical weapon.

Unlawful possession of a firearm by a felon or delinquent is a felony of the second degree, punishable with imprisonment for no longer than 15 years and fines of no more than $10,000.

In situations where a convicted felon has had their firearm authority and civil rights restored, the above does not apply.

Possession of Alcohol by Minor under 21

Except for situations where possession of alcohol is part of a minor’s occupation, or where students of at least 18 years of age are required to taste alcohol as a part of their curriculum, a first offense conviction of possession of alcohol by a person under 21 years of age is a misdemeanor of the second degree.
A first offense conviction is punishable by up to 60 days in jail, fines up to $500, up to 6 months of probation, and mandatory driver’s license revocation for a minimum of 6 months.
Subsequent offenses of possession of alcohol by a minor under 21 is a misdemeanor of the first degree, punishable by up to 12 months in jail, fines up to $1,000, up to 12 months of probation, and mandatory driver’s license revocation for 2 years.

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