What is the Florida statute for possession of a controlled substance?

What is the Florida statute for possession of a controlled substance?

Florida Statute 893.13. 6A makes it a third-degree felony to possess a controlled substance. A third-degree felony is punishable by up to five years in prison and a fine of $5,000.

What is the sentence for intent to distribute?

An offense is considered a felony if the maximum punishment is over one year. Drug felony statutes often carry minimum mandatory sentence if the drug quantity exceeds a threshold quantity. For example the minimum mandatory sentence for possession with intent to distribute drugs under Federal law begins at five years.

Is drug paraphernalia a felony in Florida?

DEFINITION, PENALTIES, AND DEFENSES Under Florida law, Possession or Use of Drug Paraphernalia is a first degree misdemeanor, with penalties that may include jail or probation. Drug paraphernalia is any object or material intended for the production, use, or processing of a controlled substance.

What is a controlled substance charge?

Illegal possession of a controlled substance occurs whenever a person owns or otherwise possesses a drug or other controlled substance, without legal justification or permission. These charges usually apply when a person is found carrying marijuana, cocaine, methamphetamine, or other narcotics.

How many years can u get for distribution?

Sentences for drug distribution and trafficking can generally range from 3-5 years to life in prison but can be substantially higher when larger quantities are involved. Drug trafficking/distribution is a felony and is a more serious crime than drug possession.

How do I get a drug paraphernalia charge dropped in Florida?

One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.

Do first time drug offenders go to jail in Florida?

While no attorney can guarantee the result of any case – and you should be very wary of a criminal defense attorney that tries to promise you a certain result on your case – it is unlikely you will go to jail for your first drug possession charge in Florida.

How long do you go to jail for drug possession in Florida?

The penalty is up to 30 years in jail and/or a fine of up to $10,000. If you possess more than 10 grams of any other controlled dangerous substance, it’s a third degree felony, and you may have to spend up to five years in prison and/or pay a fine of up to $5,000.

How do you beat a drug charge?

TOP 10 DRUG CHARGE DEFENSES

1. Unlawful Search or Seizure. Search and seizure issues are quite common in drug cases.
2. Lack of Possession. Another common defense to a drug charge is to simply that the drugs don’t belong to the person charged.
3. Miranda Rights Violation.
4. Entrapment.
5. Proof of Knowledge or Intent.