Possession of marijuana is illegal in Florida, despite the number of dispensaries in the Florida Keys that sell with no need for a medical card. Florida statutes make it illegal to possess any listed chemical. If you or a loved one faces drug possession charges, it’s important to understand the basics of these laws and what they mean for your future. You’ll also need to get a seasoned drug crimes defense attorney on your side right away.
Florida law divides drug possession into two main types: “actual possession” and “constructive possession.” Actual possession means that someone has the drugs in their hands, in their purse, or on their person or in some way has direct control over the substance. Constructive possession occurs when the substance isn’t in your direct possession, but you control the location where the drugs were found. This could be in your car, in your refrigerator, or in a closet.
Florida drug laws categorize substances by their perceived danger. Marijuana, for example, is seen as less harmful, while drugs like cocaine are treated more seriously. This impacts how the court handles individual cases. Additionally, the amount of drugs found contributes to determining how severe the punishment will be. Smaller amounts may result in lighter penalties, while larger quantities, especially those suggesting the intent to sell, can lead to harsher outcomes.
Penalties for Possession
The penalties for drug possession can range from misdemeanors to felony possession. Fines and jail time depend on the type and quantity of the drug and whether it’s a first-time or repeat offense. Sometimes, a first offense can result in probation or a treatment program instead of jail time. However, if you are a repeat offender or possess certain drugs, you could be looking at a longer sentence. In Florida, first-degree misdemeanor possession penalties include up to a year in prison and fines. First-degree felony possession can result in 30 years in prison and fines of up to $250,000.
Get Legal Help Now
If you’re facing drug charges in the Florida Keys, you’ll want a skilled drug crimes defense attorney who knows the ins and outs of the local court system. Reed Palacios Law covers Monroe County, including Key West, Marathon, and Plantation Key.
For help with drug possession charges, call Reed Palacios Law at 305-686-2435 or contact us online to schedule your consultation.