Clearwater Drug Possession Attorneys
Serving the Arrested & Accused throughout Florida
In Florida, possessing even small amounts of certain drugs may result in serious penalties, including large fines and jail or prison time. To protect your rights after an arrest, turn to the Clearwater drug crime defense lawyers at Bauer Crider Kenny & Parry. Our skilled attorneys have more than 100 years of combined experience in criminal law, and our firm has served clients throughout Clearwater, Tampa, St. Pete, and Pinellas, Pasco, and Hillsborough Counties and the surrounding areas since 1989. We represent community members in local, state, and federal courts, providing comprehensive legal services for all types of drug possession charges.
Florida Laws Related to Drug Possession
In Florida, simple possession refers to drug possession by a person who did not intend to sell, distribute or manufacture the drug, but likely possessed it for personal use. According to Florida state law, simple possession of any drug except marijuana is punishable as a third-degree felony.
For a conviction of drug possession to be obtained, the prosecutor must be able to prove that the substance found is illegal (which may require a lab analysis), that the defendant knew the substance was illicit and that the defendant had control over the substance’s presence. Possession with intent to sell refers to simple possession along with proof that the defendant intended to sell or engage in drug distribution.
The most common types of drug possession include the following:
- Marijuana: Punishment for the possession of marijuana ranges from a maximum sentence of one year in jail for less than 20 grams to a 30-year prison sentence and a $200,000 fine for more than 10,000 pounds.
- Cocaine: Possessing less than 28 grams brings a maximum sentence of five years in prison. Punishment for any amount over 28 grams brings mandatory minimum sentences ranging from three to 15 years, with fines between $50,000 and $250,000. For possession of more than 150 kilograms, the result is a life sentence without the possibility of parole, as you may also face distribution and trafficking charges.
- MDMA/Ecstasy: Possession of MDMA can result in up to a five-year prison sentence for less than 10 grams, with penalties as harsh as a 30-year prison sentence and a $250,000 fine for possession of more than 400 grams.
- LSD: Possession of LSD can range from a five-year sentence for less than 1 gram to a maximum 30-year sentence and possible $500,000 fine for more than 7 grams.
Drug Law Trends
While laws are being passed around the United States liberalizing the use of marijuana, Florida has yet to pass any similar laws. In 2013, members of Florida congress attempted to put forth a piece of legislation exempting seriously ill Florida residents from being prosecuted for using marijuana with a doctor’s permission, but the law was never voted on. However, in 2011, a law requiring mandatory drug testing for residents to qualify for welfare assistance was suspended and has yet to be re-implemented.
Speak with a Skilled Clearwater Criminal Defense Lawyer
When facing the intimidation of the criminal justice system, work with the trusted Clearwater drug defense attorneys Bauer Crider Kenny & Parry to protect your rights. We have four convenient offices to serve Clearwater, Tampa, St. Pete, and Pinellas, Pasco, and Hillsborough Counties.
Set up your free initial consultation by calling (727) 205-0968 today!