A serious charge
Getting caught with an illegal controlled substance is a serious crime. People charged with drug possession face jail or prison, long probation and high costs. Florida is known for its strict drug laws. On top of the time and the money, it can take years to dig out of other holes, like a driver license suspension. If you are facing a possession charge in Florida, attorney Adam Harmelin wants to help.
Florida possession and sale charges
Florida’s drug law is complex. Depending on the type of drug, the amount (weight) and the circumstances, a charge can be anything from a misdemeanor to a felony with a life sentence.
- Possession of a controlled substance without a valid prescription is generally a third-degree felony, up to 5 years.
- Possession of 20 grams or less of cannabis is a first-degree misdemeanor, up to 1 year. Concentrates and resin are not covered by that exception.
- Possession of drug paraphernalia is a first-degree misdemeanor.
- Sale, delivery, manufacture or possession with intent to sell cocaine and similar drugs is a second-degree felony, up to 15 years. For cannabis, it is a third-degree felony.
- Near a school, park or similar place, the same conduct is charged more seriously, and some offenses carry a 3-year minimum mandatory.
Trafficking and minimum mandatory sentences
Trafficking is charged by weight, not by proof of a sale, and every trafficking charge is a first-degree felony with a minimum mandatory prison sentence. Some current thresholds:
| Drug | Weight | Minimum mandatory |
|---|---|---|
| Cannabis | More than 25 pounds, or 300 or more plants | 3 years |
| Cocaine | 28 grams to under 200 grams | 3 years |
| Heroin, morphine, opium | 4 grams to under 14 grams | 3 years |
| Oxycodone | 7 grams to under 14 grams | 3 years |
| Hydrocodone | 28 grams to under 50 grams | 3 years |
| Fentanyl and analogues | 4 grams to under 14 grams | 7 years |
The minimums and fines climb with the weight. Because the weight drives the sentence, how the substance was weighed and tested, and whether a mixture was counted, can matter a great deal.
What to do if you are stopped
Do not try to talk your way out. Anything you say to a police officer will be used against you. Do not consent to a search; say politely that you do not consent and that you want to speak with your lawyer.
How Adam defends drug cases
- Was the search legal? Adam determines whether your Fourth Amendment rights were violated. If the stop, the detention or the search was unlawful, a judge can suppress the drugs and the case may be dismissed.
- Was the search warrant valid? If police searched your home or car with a warrant, Adam examines whether the warrant was valid and whether it was properly executed.
- Whose drugs were they? Being near drugs is not the same as possessing them. The drugs may have belonged to someone else, in a shared car or home.
- Confidential informants. When a case rests on an informant, the defense may be able to force the State to disclose who it is.
- The lab and the weight. The State must prove what the substance is and, in trafficking cases, how much there was.
- Other case-specific details.
Several of Adam’s published case results in drug cases ended in dismissals after motions to suppress or motions to dismiss. Every case is different, and past results do not predict yours.
Diversion and drug court
Many people charged with a first drug offense can avoid a conviction. Broward has a Misdemeanor Drug Court and a Felony Drug Court, and Florida law allows pretrial drug court for many people charged with a nonviolent felony who have a substance abuse problem and no more than two prior nonviolent felony convictions. The State Attorney’s Office also runs pretrial diversion programs for first-time offenders. Completing a program generally results in the charges being dismissed. Eligibility depends on the charge and your record.
Your driver license
A conviction for possession, sale or trafficking of a controlled substance means a mandatory 6-month driver license suspension, or until any required treatment is completed. The court can allow a business-purposes license in some circumstances.
Frequently asked questions
Is marijuana legal in Florida now?
Not for recreational use. Possessing cannabis without a valid medical marijuana card and outside the program’s rules is still a crime: a misdemeanor for 20 grams or less, a felony above that, and trafficking above 25 pounds.
The drugs were in a friend’s car. Can I be charged?
You can be charged, but the State must prove you knew the drugs were there and had the ability and intent to control them. Being near drugs in a shared space is not enough by itself.
Will a drug charge affect my license?
A conviction brings a mandatory 6-month suspension. Diversion and drug court can avoid a conviction.