Have you been charged with a drug crime in the Melbourne FL, or Brevard County? Are you confused about what your options are and how to proceed? Continue reading to find out about the different variations of “drug crimes,” possible penalties, and how the attorneys at Smith & Eulo Law Firm can help you receive the best possible result for your case.
Drug Possession vs. Trafficking
The drug possession charge is considered when the amount of drugs recovered is only enough for personal consumption. The State of Florida is very strict with drug crimes and those who are convicted can face up to 5 years of incarceration.
Possession with the Intent to Distribute:
When determining “intent to distribute,” prosecutors will take into account evidence such as whether the perpetrator had packaging material and/or a large amount of cash in their possession.
Trafficking, can be a federal or state crime, goes beyond drug possession. It is defined by “any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance” (Florida Statutes). Please note that if you are found with a large quantity of a controlled substance, you can still be charged with the crime of drug trafficking.
According to the United States Drug Enforcement Agency, “drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential” (DEA). The largest factor that determines which “schedule” to place each drug is based on how probable it is for consumers to abuse said drug.
Below are the 5 Schedules and what they entail.
“Drugs with no currently accepted medical use and a high potential for abuse.” – DEA
“Drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence” – DEA
“Drugs with a moderate to low potential for physical and psychological dependence” – DEA
Although the potential for abuse is lower compared to Schedule 1 or 2, the drugs in this Schedule are still dangerous.
- Tylenol (with codeine)
“Drugs with a low potential for abuse and low risk of dependence” – DEA
“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.” – DEA
Whether you are charged with possession or trafficking will most likely depend on the quantity or the substance, the schedule that it is in, as well as your past criminal history. These factors along with others will ultimately determine which drug charge you will face.
A drug charge in the state of Florida must be taken very seriously. With over 20 years of combined experience with drug crimes in Melbourne, FL, the attorneys at Smith & Eulo will help you craft a defense and obtain the best results for your case. Call us today for a free consultation!
We also have offices in Orlando, Lakeland, Ocala, Kissimmee, Jacksonville, Sanford, Tampa and Daytona Beach.