Charged with drug possession, drug crimes in Gainesville, FL?
Contact us now to protect your future.
Our Drug Possession Attorneys in Gainesville Can Defend You Against Controlled Substance Charges
| Schedule I | Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. |
| Schedule II | Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin |
| Schedule III | Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone |
| Schedule IV | Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Some examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol |
| Schedule V | Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule V drugs are: cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin |
What is Drug Possession?
- Actual Possession: Defined as having direct physical control of a substance, such as in your pocket, hand, or personal belongings.
- Constructive Possession: Occurs when you do not physically possess the substance but have knowledge of its presence and the ability to exercise control over it, such as drugs found in your home or vehicle.
Understanding these distinctions is critical for determining how your case will be prosecuted under Florida law and building an effective defense strategy. For more information, refer to Florida Statute §893.13.
What is an example of drug possession?
An example of drug possession is being found with marijuana in your pocket without a valid medical marijuana card. In Florida, even a small amount of marijuana can result in a criminal charge. Possession of less than 20 grams is considered a misdemeanor, while possession of more than 20 grams is a felony under Florida Statute §893.13.
Call Now for Expert DefensePrescription Drug Possession Charges
In some cases, individuals charged with prescription drug offenses may be eligible for alternatives to incarceration, such as participation in drug court or pre-trial intervention programs. If you are facing charges related to prescription drugs, reach out to our criminal defense Gainesville attorneys as soon as possible to explore your options.
How long is a sentence for possession?
In the U.S., sentences for drug possession range from probation to years in prison, depending on the type and amount of drugs and whether it's a first offense. In Florida, penalties for possession can include:
- Misdemeanor (less than 20 grams of marijuana): Up to 1 year in jail and a $1,000 fine.
- Felony (Schedule I drugs or more than 20 grams of marijuana): Up to 5 years in prison and a $5,000 fine.
Repeat offenses or possession with intent to distribute carry harsher penalties. Florida Statute §893.13.
Call Now for Expert DefenseMarijuana Possession Arrests
If you’ve been charged with marijuana possession or other marijuana crimes, it’s important to take the matter seriously. Our criminal defense attorneys in Gainesville can provide the legal support you need to protect your rights and minimize the impact on your future. Contact Rush & Frisco Law today to discuss your case and possible defense strategies.
Consult With a Drug Possession Attorney in Gainesville, FL
Facing a drug possession charge, drug offense or other drug-related crime can be overwhelming, but you don’t have to navigate it alone. At Rush & Frisco Law, we offer personalized legal guidance and aggressive representation to ensure your voice is heard in court.
Contact Rush & Frisco Law to schedule a consultation with an experienced drug possession attorney and take the first step toward securing your future: (352) 373-7566.
Top 10 Questions We Get Asked About Drug Crimes in Florida
Discover answers to the most common questions about drug crimes in Florida, including possession, trafficking, penalties, and legal defenses, to better understand your rights and options.
What is a drug possession charge in Florida?
A drug possession charge in Florida involves being caught with illegal drugs or controlled substances without authorization. Under Florida Statute §893.13, possession can be classified as either actual possession (on your person) or constructive possession (in a place you control, like your car or home). Penalties depend on the type and amount of drugs.
What are the drug charges and sentences in Florida?
Florida has strict drug laws with penalties varying by drug type, quantity, and offense history. For example:
- Possession of marijuana (<20g): Misdemeanor, up to 1 year in jail.
- Possession of Schedule I drugs: Felony, up to 5 years in prison.
- Drug trafficking (varies by substance/amount): Mandatory minimum sentences starting at 3 years.
What happens with a first-time possession charge in Florida?
First-time possession charges in Florida may be eligible for diversion programs like drug court or pre-trial intervention. These programs could result in dismissal of charges upon completion. However, penalties for a conviction include fines, probation, or jail time, depending on the drug and amount.
What is a health or safety drug charge in Florida?
A health or safety drug charge typically involves offenses like manufacturing drugs in unsafe conditions or distributing substances harmful to the public. Florida law imposes severe penalties for crimes endangering community health under Florida Statute §499.0051, which governs drug safety and adulteration.
How can you get a drug trafficking charge dismissed?
To dismiss a drug trafficking charge in Florida, your attorney may challenge evidence based on improper search and seizure, lack of intent to traffic, or procedural errors. Strong defenses depend on the specific circumstances of the case. Refer to Florida Statute §893.135 for trafficking definitions and penalties.
What are the penalties for a first-time offender charged with drug trafficking in Florida?
Florida drug trafficking laws impose mandatory minimum sentences, even for first-time offenders. For example:
- Trafficking 25-199 grams of cocaine: 3-year minimum sentence.
- Trafficking 4-14 grams of heroin: 3-year minimum sentence.
These penalties are outlined in Florida Statute §893.135.
How can you beat a drug trafficking charge in Florida?
Defenses to drug trafficking charges in Florida include proving lack of knowledge about the drugs, challenging the weight of the substances, or exposing law enforcement errors during the investigation. A skilled attorney will analyze your case for the best strategy under Florida Statute §893.135.
What are Florida drug trafficking laws?
Is drug possession a felony in the US?
Drug possession can be either a misdemeanor or a felony in the U.S., depending on the type and amount of the substance involved. In Florida, possession of Schedule I drugs like heroin or possession of more than 20 grams of marijuana typically results in felony charges.
What is the most common criminal illegal drug charge?
The most common criminal drug charge in the U.S. is simple possession, often involving marijuana. In Florida, marijuana possession is also among the most frequently charged drug offenses. Despite the state's progress in medical marijuana legalization, unauthorized possession, even in small amounts, remains a serious criminal offense.
