Have you been charged with a drug crime in 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 crime lawyer in Melbourne

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.

Drug Trafficking:

Trafficking can be a federal or state crime and goes beyond drug possession. It is defined as “​​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.

Drug Schedules

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.

Schedule I:

“Drugs with no currently accepted medical use and a high potential for abuse.” – DEA


  • Ecstasy
  • LSD
  • Cannabis
  • Heroin

Schedule II:

“Drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence” – DEA


  • Vicodin
  • Dilaudid
  • Cocaine
  • Fentanyl
  • Adderall
  • Ritalin

Schedule III:

“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)
  • Ketamine
  • Testosterone

Schedule IV:

“Drugs with a low potential for abuse and low risk of dependence” – DEA


  • Xanax
  • Valium
  • Ambien

Schedule V:

“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


  • Robitussin
  • Motofen
  • Lyrica

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 100 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.

If you or your loved one find themselves in a situation where you are being accused of a Drug crime? Call us right away at 321-473-3621 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Melbourne office, we have offices in the following cities across the state of Florida:

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