If you are currently facing drug-related charges, it is in your best interest to retain an experienced Delray Beach drug lawyer. An experienced criminal attorney in Delray Beach can help to provide you with the advice you need and will pursue the best outcome possible in your case. En Español.
What is Considered a Drug Crime in Florida?
Drug crimes involve the unlawful manufacturing, sale, delivery, or possession of a controlled substance. Generally speaking, drug crimes in Florida fall into one of three categories: possession, distribution, or trafficking. Additionally, it is a crime to use, distribute, manufacture, advertise, or possess drug paraphernalia.
Under Florida Statutes 893.02(4), a controlled substance means any substance named or described in section 893.03, which includes anything from narcotics (e.g. heroin, marijuana, or cocaine), to pharmacological drugs (e.g. oxycodone, Xanax).
Florida classifies controlled substances into five schedules (I-V) based on their potential for abuse and medical use in treatment. For example, a Schedule 1 substance has a high potential for abuse and no currently accepted medical use in treatment. To understand these drug schedules, an individual should consult with a Delray Beach drug attorney as soon as possible.
There are two forms of possession in Florida drug crime cases: actual and constructive. The term actual refers to physical possession of a controlled substance, such as on one’s person.
Constructive possession means the person has knowledge of the drug’s presence and the ability to exercise control over it, usually in a nearby location, like inside a car instead of in one’s pocket.
The unlawful possession of a controlled substance can be a felony or misdemeanor offense and the penalties vary depending on the amount/weight of the drugs and the type of substance allegedly possessed.
For example, possessing under 20 grams of marijuana is a first-degree misdemeanor, but having more than 20 grams of marijuana is a third-degree felony. To defend against any degree of drug possession, an accused person should contact a drug attorney in Delray Beach as soon as possible.
What does it Mean to Distribute Drugs?
Under Florida Statutes 893.13, it is an offense to sell, manufacture, deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Drug distribution offenses can be punishable as a felony or misdemeanor, depending on the amount/weight and type of drugs involved.
Punishments can be enhanced if any of the following circumstances apply:
- The offense occurred in a drug-free zone (e.g. daycare, school, church)
- A minor was involved
- The accused has prior drug convictions
Drug trafficking is the intentional sale, purchase, manufacture, delivery, or transporting of a controlled substance into or within the state in amounts that exceed certain minimum statutory limits.
The minimum trafficking thresholds differ among the controlled substances. For example, the minimum trafficking threshold for marijuana is 25 pounds or 300 plants, but is 28 grams for cocaine.
As the quantity of drugs increases, so do the minimum mandatory penalties. The penalties for drug trafficking range from a three-year mandatory minimum prison sentence to life in prison. To help combat these penalties, an individual should be sure to consult with a knowledgeable Delray Beach drug attorney immediately.
Contact an Attorney
If you have been charged with a drug possession, distribution, or trafficking offense, you may mistakenly believe that your case is hopeless. However, there may be a number of potential defense strategies that can be used to challenge the drug charges against you.
A seasoned Delray Beach drug attorney will have been very successful in getting charges like these dismissed when the client has no prior record or is willing to enroll in a drug treatment program.
When it comes to drug crime cases, it is important to understand your constitutional rights and to work with a drug attorney in Delray Beach who will fight hard to protect them and get the best result possible for you.