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Attorneys David Parry, Matthew Kindel and Curtis Crider

Criminal Defense For Drug Possession

In the state of Florida, possessing even small amounts of certain drugs may result in serious penalties, including large fines and jail or prison time. Our criminal defense attorneys at Bauer, Crider, Kindel and Parry in Pasco County can help protect your rights after you’ve been accused of drug possession crimes.

Our firm has served clients throughout Florida since 1989. With more than 100 years of combined experience in criminal law, our attorneys represent community members in local, state and federal courts, providing comprehensive legal services for all types of drug possession charges.

Is Drug Possession A Misdemeanor Or A Felony Charge In Florida?

In Florida, simple possession refers to drug possession when there is no evidence that the person had any intent to sell, distribute or manufacture the drug. Simple drug possession charges are brought when it seems as though the accused intended the drugs to be for personal use. According to Florida state law, simple possession of any drug, except marijuana, is punishable as a third-degree felony.

What Does A Prosecutor Have To Prove?

For a conviction, 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 is a different charge that requires proof of simple possession along with additional proof that the defendant intended to sell or engage in drug distribution.

What Are The Penalties For Drug Possession In Florida?

In the state of Florida, drugs are classified based on the type of drug, the potential medical advantages of the drug and how addictive and dangerous the drug is when used for recreational purposes. The penalties for a conviction for drug possession will range in severity based on the type and the amount of drug in question. Examples of penalties for convictions of drug possession charges include:

  • 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 are more likely to also face distribution and trafficking charges for large quantities of drugs.
  • 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 a possible $500,000 fine for more than 7 grams.

In addition to these illegal drugs, the possession of chemicals commonly used to manufacture drugs (such as the ingredients used to make methamphetamines) is also considered a crime and could result in additional drug charges.

What Is The Penalty For Possession Of Marijuana In Florida?

Possession of less than 20 grams of cannabis is a misdemeanor charge. A maximum sentence for conviction of a misdemeanor marijuana charge carries a maximum sentence of a year in jail. Conviction for possession of more than 10,000 pounds of cannabis can result in a 30-year prison sentence and a $200,000 fine.

Consult An Experienced Criminal Defense Lawyer

If you are facing drug possession charges, our firm offers a free, initial consultation appointment. You can schedule your free appointment by calling our office at 727-275-9822 or by contacting our firm through our website.