Quick Answer: What Does It Mean Possession Of A Controlled Substance?

Is drug possession a felony in Florida?

Drug possession of any kind usually results in a felony charge in Florida.

However, marijuana possession at under 20 grams is only considered a first-degree misdemeanor..

What amount of drugs is considered trafficking?

Drug trafficking laws depend upon the amount of drugs you have in your possession, though the specific amount differs depending on the type of drug. For example, a state’s laws may define marijuana trafficking as possessing 25 pounds or more of marijuana or 300 pounds or more of marijuana plants.

How serious is a drug paraphernalia charge?

A first-time offense for selling illegal drug paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and up to a $4000 fine. A subsequent offense for selling illegal paraphernalia can lead to a felony charge, which is punishable by 90 days or up to 1 year in jail or prison and a fine of up to $4000.

Do first time drug offenders go to jail?

For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail.

Is one Xanax a felony?

Unlawful possession of Xanax results in state-level criminal penalties ranging from misdemeanors to felonies. Misdemeanor offenses are typically the result of possession in extremely small amounts, while felony offenses typically apply to larger quantities.

What are the two types of possession?

There are two kinds of “possession”—actual possession and constructive possession. A person who knowingly has direct physical control of a thing at a given time is then in actual possession of it.

What is the penalty for mailing prescription drugs?

The extent of penalty is determined mostly by the type of prescription medication you mailed and your state of residence. For example, in California, you could potentially be jailed between one and five years for this offense.

Does having drugs in your system count as possession?

(7) the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. Obviously, a person can be charged with possession of a drug.

How long do you stay in jail for possession of a controlled substance?

Jail or prison time is also possible when a person is convicted of possession of a controlled substance. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state’s laws, but can range from a few days or weeks to 10 years or more in prison.

What is the sentence for possession of a controlled substance in Florida?

Penalties for Possession of a Controlled Substance According to the Florida Statutes, a first-degree felony is punishable in Florida by up to 30 years in prison and a fine of up to $10,000. A second-degree felony is punishable by up to 15 years in prison and a fine of $10,000.

Can a possession of a controlled substance charge be dropped?

Dropped charges – The prosecutor may decide there is insufficient evidence to go forward. At a later date, you can petition to have the drug arrest expunged from your file. Dismissal – The court throws out the charges because of some flaw in the state’s case.

What is the penalty for possession of drug paraphernalia in Florida?

Possession of Drug Paraphernalia is a first-degree misdemeanor, which is punishable by 12 months in the county jail and a $1,000 fine. Under Florida law, it is unlawful for anyone to use or possess with the intent to use any type of drug paraphernalia.

What does it mean to be a controlled substance?

A drug or other substance that is tightly controlled by the government because it may be abused or cause addiction. The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids.

Which drug carries the highest criminal penalties?

The penalties for selling Schedule I or II drugs are the harshest of any classification of controlled substances. If you are charged with selling or intending to sell a Schedule I or II drug you risk being sentenced to as many as 15 years in prison and a fine of up to $250,000.

How much do lawyers charge for drug cases?

A lawyer costs about $2,000 to $3,000 for a misdemeanor. According to Nolo, “a defendant charged with a misdemeanor that goes to trial should not be surprised by a legal fee in the neighborhood of $2,000–$3,000; an attorney may want an advance of around $2,500, and $1,000 per day of trial in a felony case.”