In Florida, drug offenses are taken very seriously and generally classified into two main categories: drug possession and drug distribution. Drug possession refers to having control over a drug for personal use, while drug distribution involves the selling, delivering, or providing of controlled substances illegally.
Possession of marijuana and heroin in Florida
The penalties for drug possession can vary greatly depending on the type of drug. For instance, possession of marijuana, a Schedule I drug, is generally considered a lesser offense compared to possession of heroin, a Schedule I drug with a higher potential for abuse.
Possession of up to 20 grams of marijuana is a first-degree misdemeanor in Florida, punishable by up to one year in jail, a $1,000 fine, or both. On the other hand, possession of any amount of heroin is a third-degree felony, punishable by up to five years in prison, a $5,000 fine, or both.
From possession to intent to distribute
Possession can escalate to an intent to distribute charge based on certain factors in Florida. These can include:
- The quantity of the drug
- The presence of packaging materials
- Scales
- Large amounts of cash
Regardless of intent, if the police arrest someone with a large quantity of drugs, it is presumed that they intend to sell or distribute it, even if that was not their intention.
Increased penalties for intent to distribute
The penalties for intent to distribute are significantly harsher than simple possession. For instance, the sale, manufacture, or delivery of marijuana is a third-degree felony, punishable by up to five years in prison, a $5,000 fine, or both. The sale, manufacture, or delivery of heroin is a second-degree felony, punishable by up to 15 years in prison, a $10,000 fine, or both.
These are serious charges
Given the severity of these charges and the complexity of Florida’s drug laws, it is crucial to take any drug charge seriously. Those facing such charges should contact an experienced criminal law attorney with extensive experience defending clients against drug charges. They can provide legal guidance and representation to navigate the legal process.