Drug Possession in Pompano Beach
Regardless of what drug crime you are being accused of, the consequences of such crimes can impact many aspects of your life including your ability to obtain employment, find housing, apply for loans, and even your ability to have custody over your children.
Every state controls drug possession differently, and they do so to define the different charges for their possession. In Florida, common controlled substances such as marijuana, cocaine, and heroine are classified. However, the compounds used to manufacture the drugs are also categorized and penalized by the Florida law.
Classification of Controlled Dangerous Substances in Florida
According to the Florida Statutes Section 893.03, there are five “schedules” to classify controlled dangerous substances (CDS). These schedules are used to match the penalties for drug possession. The five schedules Florida uses are also to divide the likelihood of abuse, and include:
- Schedule I – Extremely addictive drugs with no established medical use, such as heroin.
- Schedule II – Highly addictive drugs, accepted medical use under stringent restrictions, and potential for severe dependence, such as opium or morphine.
- Schedule III – Less potential abuse, established medical use, and their abuse may result in moderate dependence, such as steroids.
- Schedule IV – Lower potential for abuse, limited medical use, and their abuse may lead to limited dependence, such as diazepam.
- Schedule V – Lowest potential for abuse, available for medical use, and limited risk of dependence, such as medicines with small dose of narcotic drugs.
Under Florida law, ownership about drug possession crimes is not considered. So, even if the drugs don’t belong to you, the defendant is still criminally accountable for the actual or constructive possession of them.
Actual Possession – Arises when the CSD is in the defendant’s physical custody. For example, in a clothing item.
Constructive Possession – In this case, physical contact with the drugs is not required, just the fact that the defendant knows the location and the ability to physically control the drugs is enough. For example, in a compartment box.
Arrested on Drug Charges?
Fighting for Your Reputation
If you are arrested on drug possession charges, looking into these three degrees will give you an idea of the possible outcome for your charges.
If you are arrested on drug possession charges, you might be looking at different convictions, including:
- For a misdemeanor possession of the first degree: Jail sentence of up to one year and a $1,000 fine, or both.
- For a felony possession of the third degree: Jail sentence of up to five years, a $5,000 fine, or both.
- For a felony possession of the first degree: Jail sentence of up to thirty years, a $10,000 fine, or both.
In addition, a defendant with continuous drug possession convictions in Florida faces an increased penalty. In the case of a sentence for a misdemeanor possession of the first degree, the defendant may be sentenced to life in jail. A conviction of a felony possession of a third degree may be sentenced up to ten years in prison. A defendant with four or more prior misdemeanor possession convictions may be penalized with a period of six months to one year of incarceration, mandatory enrollment in a residential treatment program, or home detention for six months to 364 days.
Changing Drug Laws in Florida
State drug laws are constantly changing, so is their enforcement. In Florida, for example, marijuana is still a controversial topic. Even though the constitutional amendment known as the Florida Medical Marijuana Legalization Initiative went into effect on 2017, the law can still be confusing for many. For information and guidance surrounding marijuana laws in Florida, contacting an experienced drug crime attorney today.
Build Your Criminal Defense Legal Team
When facing drug possession charges, it’s not just your freedom at stake. You may also risk losing the ability to receive a student loan, adopt a child, have custody of your children, and maintain employment. Having a trusted, aggressive, and experienced criminal defense team on your side is key to fighting for your rights and fighting for your reputation so you can regain control of your life and freedom.
Working with a Criminal Defense Attorney in South Florida
If you or someone you know is facing drug possession charges in South Florida, don’t waste a second. Contact LJ Law Group today by calling us at 954-597-6770 or contact us online to schedule your complimentary, confidential case evaluation.
When your freedom, reputation, and rights are at risk for drug possession charges in Florida, let our criminal defense attorney represent you and aggressively fight to make sure your legal rights are met.