Charged with Possession of a Controlled Substance? A Palm Beach County Drug Charge Defense Attorney Answers FAQs

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.

What Is the Definition of a Controlled Substance in Florida?

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.

What Drugs Are Listed in Schedules I-V of the Florida Statute?

Here are some of the drugs listed in Schedules I-V.

• Schedule I includes drugs such as heroin, LSD, marijuana, mescaline, and peyote
• Schedule II includes drugs such as opium, cocaine, methamphetamine, oxycodone, and fentanyl
• Schedule III includes drugs such as anabolic steroids, ketamine, testosterone, codeine, and some barbiturates
• Schedule IV drugs include drugs such as alprazolam, diazepam, tramadol, and phenobarbital
• Schedule V drugs include drugs such as cough medicines containing limited amounts of codeine

We have listed only a few of the drugs for each schedule. To see the complete list under the Florida statute, go here.

What Does Florida Law Say About Possession of a Controlled Substance?

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:

1. Knew there was a presence of drugs
2. Knew the substance in question was illegal
3. Had control over the drugs or the place where they were located

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.

What Are the Drug Charges and Penalties?

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

What Are My Rights if I’m Charged with Possession of a Controlled Substance?

If you have been charged with possession of a controlled substance, you still have rights under the law.

• You are innocent until proven guilty
• You have the right to an attorney and a fair trial
• You have the right to remain silent
• You cannot be forced to incriminate yourself

What Are Possible Defenses to a Possession of a Controlled Substance Charge?

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:

• You have a valid prescription for the controlled substance
• The controlled substance belonged to someone else
• You were searched illegally
• The controlled substance found was not a drug or illegal
• You were the victim of entrapment
• Your constitutional rights were violated

I’m a First-Time Offender. Will I Go to Jail?

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.

Protect Your Rights. Contact West Palm Beach Drug Charge Defense Attorney Ronald S. Chapman If Charged with Possession of a Controlled Substance

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.