A drug possession accusation in Florida stems from knowingly and illegally possessing a restricted substance. Possession of a drug might be for personal use or to distribute or sell the substance. Possession of a controlled substance is illegal in Florida unless the individual obtains a valid prescription from their doctor for the medication in question. Control can be both actual and constructive. The drug is on the person who is in actual Possession of it. For example, if police enforcement discovers drugs in a person’s handbag or pocket, they would be in Possession of the drugs.
Constructive Possession is more challenging to establish. When someone is in constructive unlawful possession of a controlled substance, law enforcement may locate drugs in their immediate proximity but not necessarily on their person. For example, if authorities stop a person’s vehicle and find drugs in the glove compartment, this would be constructive Possession.
An offender faces the same drug possession charge, whether the Possession is actual or constructive.
In Florida, there are various forms of drug offences.
Possession with Intent to Distribute Possession of drugs is one charge, but a person can also be charged with Possession with intent to distribute. The number of narcotics found on the subject distinguishes the two charges.
When police discover a little amount of narcotics on a person, it is likely that they were intended for personal consumption, resulting in drug possession charges. They may conclude that the suspect meant to distribute the narcotics if they discover a greater quantity. Police will also check for scales, little baggies, or currency wrapped in specific ways to determine whether the drugs were possessed with the intent to sell.
Drug trafficking accusations are similar to distribution charges, with the key difference being the quantity or weight of the narcotics in question.
When authorities discover illegal narcotics in quantities or weights exceeding a specific threshold, charges range from distribution to trafficking. If the alleged trafficker crossed state lines or imported/exported to another country, they might also face federal charges.
Drug paraphernalia can be used to conceal or manufacture illegal narcotics.
Possession of any drug paraphernalia is unlawful and may result in criminal prosecution, even if no narcotics are present.
Aside from having drugs, it is also unlawful in Florida to manufacture or deliver illegal narcotics. Manufacturing entails the production of pharmaceuticals or other products utilized in the production of illegal substances. Like drug distribution, drug delivery occurs when an offender provides illegal narcotics, usually for sale.
Like federal law, Florida has a classification system that separates substances from Schedule I through Schedule V based on their medical value and probability of addiction and abuse. Any substance listed or described on this list is considered a controlled substance.
However, drug schedules are critical in determining the sort of substance involved in Miami Gardens, Florida drug charges and the penalties that an offender may face.
Contact a skilled criminal defense attorney immediately if you are arrested in Florida for drug possession or other drug offences.
The Lee Law Firm has been battling for its clients for over two decades, and we want to do the same for you. Contact one of our best Drug Crime Attorney in Florida immediately to set up your free case evaluation.
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