You're reading this article because you've been charged with possession of a controlled substance and are concerned about the consequences. Though there is reason to be concerned about potential fines and jail time, understanding the charges and penalties and knowing your rights can help you make informed decisions and ease some of your stress and uncertainty.
Possession of a controlled substance in Florida is a serious criminal offense. With so much at stake, you need a Palm Beach County drug charge defense attorney with experience in these cases. A seasoned attorney can help you understand your options and protect your rights throughout the legal process.
West Palm Beach drug crime defense attorney, Ronald S. Chapman, has over 34 years of experience and has successfully defended clients facing these types of criminal charges. We know you must have questions, so we’ve answered some of the frequently asked questions about possession of controlled substance charges that our law firm receives.
If you would like us to review your case, don’t hesitate to contact us at (561) 832-4348, so we can begin to fight for you.
The types and amounts of controlled substances in Florida are categorized according to the Florida Comprehensive Drug Abuse Prevention and Control Act. This Act outlines the different schedules of drugs, ranging from Schedule I to Schedule V, depending on the potential for abuse and accepted medical use.
Under Florida law, a controlled substance is defined as any drug or chemical identified in Schedules I-V of the Florida Statutes. These include illegal drugs, street drugs, chemicals, narcotics, stimulants, and prescription medications. The penalties for possession of controlled substances vary depending on the amount and type of substance.
Here are some of the drugs listed in Schedules I-V.
We have listed only a few of the drugs for each schedule. To see the complete list under the Florida statute, go here.
Under Florida law, it is unlawful to be in actual or constructive possession of a controlled substance without a valid prescription from a doctor. Actual possession means you physically possess the controlled substance. For example, this could mean having the controlled substance in your bag, purse, or pocket.
Constructive possession means you:
The prosecutor must prove all three factors beyond a reasonable doubt to prove constructive possession. Your drug crimes attorney can discuss whether actual or constructive possession applies in your case.
Possession of a controlled substance in Florida is a serious offense that can have significant consequences. Depending on the type and amount of the controlled substance, charges can range from a misdemeanor to a felony.
| Charge | Penalty |
| 1st-degree felony: possession of more than 10 grams of any Schedule I drug | Up to 30 years in jail and/or a fine of up to $10,000 |
| 2nd- or 3rd-degree felony: Intent to sell, manufacture, or deliver a controlled substance (charge depends on the type of controlled substance involved) | Up to 15 years in prison and a fine of $10,000 |
| 3rd-degree felony: possession of more than 10 grams of any other controlled dangerous substance | Up to 5 years in prison and/or a fine of up to $5,000 |
| 1st-degree misdemeanor: possession of up to 20 grams of marijuana | Up to 1 year in prison and/or a $1,000 fine |
| 3rd-degree felony: possession of more than 20 grams of marijuana | Up to 5 years in prison and/or a fine of up to $5,000 |
If you have been charged with possession of a controlled substance, you still have rights under the law.
Whether you are accused of possessing cocaine, methamphetamines, or any other type of illegal substance, you could face felony charges that come with severe penalties, as mentioned above. Some common defenses against these charges include the following:
If you are arrested for possessing a controlled substance in Florida, you could face jail time, even if it's your first offense. This will depend on whether you have a prior criminal history, the type of drug, and the amount you possessed at the time of your arrest.
Depending on these factors, you could be charged with a first-degree felony, which means you could be imprisoned for up to 30 years. Even if this is your first offense, consulting with a drug crimes attorney is critical.
If you or a loved one is facing possession of a controlled substance charge, you need to take immediate action and contact a knowledgeable and skilled West Palm Beach drug charge defense attorney.
At Ronald S. Chapman, P.A., we understand the stress and uncertainty that comes with being accused of a drug crime. We are dedicated to providing our clients with the best legal representation and guidance to protect their rights and future. With over 34 years of experience defending clients against criminal charges, we will work tirelessly to provide you with the best possible defense.
Having an experienced drug crime defense attorney on your side can be beneficial in many ways. We can help with your sentencing and plea agreements and raise any potential defenses. We can also represent you at all court appearances and speak to the judge and opposing counsel on your behalf. Contact us today at (561) 832-4348 to schedule a meeting so we can begin to fight for you.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
https://justiceflorida.com/
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