Law Office Of Leanna J. Smith
Leanna Smith and Carlos Vidal-Collazo

Possession of a Controlled Substance in Florida

If you have been charged with possession of a controlled substance in the State of Florida, it is important to understand the potential consequences you could be facing if convicted of this serious crime. Having this information can help you and your Drug Offense Attorney make the best possible decision regarding plea deals and other legal options in your case.

The State of Florida assigns what is known as a schedule to each different class of drugs. Drugs are assigned a schedule based on their potential for abuse. Drugs with the most potential for abuse, such as heroin, are assigned a schedule one classification.

Drug Possession Classifications

Schedule 1

Drugs that are classified as schedule one are those which have a high rate of abuse and no recognized medical use. This includes drugs such as cannabis and heroin.

Schedule 2

Schedule two drugs are those which have an acceptable medical use, but are highly restricted due to their high risk of abuse. This includes drugs such as cocaine, morphine and opium.

Schedule 3

Schedule three drugs have a lower risk of abuse; however, the abuse of these drugs can result in both physical and mental dependence. Anabolic steroids fall under this classification.

Schedule 4

Drugs in the schedule four class has a relatively low chance for abuse, have an acceptable medical use, and may lead to only minimal physiological dependence.

Schedule 5

Finally, schedule five drugs have the lowest risk for abuse or dependence and also have an acceptable medical use. These drugs are typically low dose narcotics.

Penalties for Drug Possession

The potential punishment you could receive by the courts will depend upon the classification of drugs which were found in your possession. Possession of schedule one through four drugs is considered a felony. Whether or not you are charged with a second or third degree felony will depend on the quantity of drugs in your possession and whether or not intent to sell these drugs can be proven.

If charged with a third degree felony, you could receive up to five years in the state penitentiary as well as a $5,000 fine. This punishment can be increased to up to 15 years in prison and a $10,000 fine if you are charged with a second degree felony.

Possession of schedule five drugs is considered a first degree misdemeanor. This crime is punishable but up to one year in jail and a $1,000 fine.

While the punishments described above are the standard punishments issued by the State of Florida for drug offenses, it is important to note that these punishments can be even more severe if you are considered a habitual offender.  That is why it is important to seek legal representation to determine your best type of defense. 

For more information about Possession of a Controlled Substance, or any other criminal defense charge in DeLand, Deltona, Daytona Beach or other surrounding areas in Volusia County, contact the Law Office of Leanna J. Smith at 386-943-9797. Asistimos a los clientes de habla hispana!