Although using marijuana and cannabis is legal in some states, Florida is not one of them. If you’re traveling across state lines, it is advisable not to have drugs in your possession, or you risk harsh penalties, including prison time, probation, and fines. 

Florida has some of the most stringent laws in the country that prohibit residents from all kinds of drug-related activities such as:

  • Illegally possessing or transporting controlled substances
  • Illegally growing marijuana
  • Unlawfully manufacturing drugs
  • Conspiring to commit drug crimes
  • Driving while under the influence of controlled substances
  • Importing drugs
  • Illegally possessing drugs with the intention of selling or distributing
  • Illegally possessing equipment for using drugs
  • Prescription drug fraud

Get Advice from Competent Lawyers to Help You with Drug Charges

Florida is extremely intolerant of drug crimes, and possible penalties can depend on the quantity of drugs found in your possession and the specific type or federal Schedule. Considering that drug offenses can be a misdemeanor or felony, you’ll need skilled representation to uphold your rights in court and possibly get the charges waived. The award-winning attorneys at Smith & Eulo can devise a defense strategy. They’ll talk with you to determine whether the charges were fairly determined–perhaps the police officer had no valid reason for searching you or your home. 

Understanding Drug Categorization in Florida

Federal law categorizes drugs into “Schedules” depending on different criteria such as their potential for medical use, the possibility of misusing or getting addicted to the substance, and their safety. 

Schedule I

The government has entirely banned drugs like heroin, ecstasy, and LSD since they have no medical applications. Using these drugs carries the maximum risk of getting addicted, both psychologically and physically. The general public cannot obtain these drugs legally by prescription.

Schedule II

Drugs like cocaine, methamphetamine, oxycodone, fentanyl, and PCP have some medical uses, but patients must use them only under a certified medical professional’s strict supervision. You cannot buy them without a prescription, and they can make users psychologically and physically addicted.

Schedule III

Using drugs like codeine, Tylenol, anabolic steroids, ketamine, Vicodin, and testosterone carry a moderate to low risk of developing a dependency, psychological or physical. 

Schedule IV

These drugs have a low risk of developing dependency and a low to moderate chance of abuse.  Xanax, valium, and soma are examples of drugs that doctors prescribe to treat insomnia, depression, sleep disorders, and anxiety. Since users can get dependent on them, prescription fraud for obtaining them is common.

Schedule V

Although drugs like Robitussin, Lyrica, and Parepectolin contain some amount of narcotics, they typically carry the lowest risk of developing an addiction and are generally antitussive, antidiarrheal, and analgesic drugs. 

Possible Penalties for Drug Crimes

Florida courts determine drug crimes as a felony or misdemeanor according to various criteria such as the quantity of the drug, type of drug, and whether the offender has a history of similar charges. Trafficking drugs for marketing is the most serious crime and carries penalties ranging from 5 years to 40 years in prison. 

Possessing These Quantities of Drugs Carries a Sentence Ranging from 10 Years to Life Imprisonment: 

  • 1 kg of heroin
  • 5 kg of cocaine
  • 1,000 kg of marijuana
  • 400 g of a mix of substances containing fentanyl
  • 10 g of a blend of substances with a large percentage of LSD 
  • 50 g of methamphetamine, including its isomers, salts, and salts of its isomers
  • 500 g of a mix of substances containing a high percentage of methamphetamine, its isomers, salts, or salts of its isomers
  • 100 g of phencyclidine (PCP)
  • 280 g of a blend of substances containing cocaine 
  • 1 kg of a blend of substances with a large percentage of PCP

Possessing These Quantities Carries a Sentence of 5 to 40 Years Imprisonment

  • 100 g of heroin 
  • 10 g of phencyclidine (PCP)
  • 500 g of cocaine 
  • 100kg of marijuana
  • 5 g of methamphetamine 
  • 1gm of LSD (Lysergic Acid Diethylamide)
  • 100 g of a mix of substances with PCP 
  • 28 g of a mix of substances with cocaine 

Attorneys at Smith & Eulo Law Firm Can Fight Your Drug Charges

The attorneys at Smith & Eulo have more than 20 years of experience assisting clients who are facing drug charges. Trust in their knowledge of the judicial system’s intricacies and in their abilities to build a strong defense in court.