St. Petersburg Possession of a Controlled Substance Lawyer

Possession of a controlled substance is an offense that can be prosecuted when a person has power over a controlled substance or gains access and retains controlled substances lacking the proper right. Controlled substances are non-prescribed prescription medication, illegal drugs, physical and mental restricting or controlling substances.

These charges can often be tricky. For instance, possessing a controlled substance while driving, regardless of the rightful owner, can result in a charge if you are knowledgeable of the substance being in the vehicle. These charges can be misdemeanor or felony offenses, depending on the type of drug allegedly possessed and the amount involved in the offense.

Call (727) 592-5885 to schedule a free consultation and begin preparing your defense today. Put our experience as Certified Criminal Law Specialists at your side!

Definitions of Possession Under Florida Law

It is illegal for someone to be in actual or constructive possession of a controlled substance without legal permission, according to Florida Statutes Annotated § 893.13. There are certain situations in which possessing the substance could be considered legal, such as having a valid prescription.

In these cases, being in actual possession of the substance means the person physically possessed it. This could mean having the substance in a pocket or having it in his or her hand, for example. Constructive possession, however, is a little trickier.

Being in constructive possession of an illegal narcotic means a person had the illegal substance in such close proximity that it is considered to be under that person’s dominion or control. This is often applied when a substance is located under the seat of a car or in a person’s belongings, where he or she has control.

Some controlled substances that could lead to possession charges include:

• Marijuana or cannabis
• Heroin
• Cocaine
• LSD
• MDMA
• Methamphetamines
• Codeine
• Xanax
• Morphine

If the prosecution is unable to prove that an alleged offender had either actual or constructive possession of the controlled substance, he or she will be unable to charge the alleged offender with a possession offense. For instance, if the drugs were found as a result of an illegal search, the evidence could be inadmissible.

Drug Schedules in Florida

Florida is one of several states that classifies narcotics based on schedules. According to Florida Statutes § 893.03, controlled substances are outlined in different classes, ranging from Schedule I to Schedule V, from the least addictive with commonly used medical purposes to the most addictive with no known medical use.

Schedule I Drugs:

• High potential for abuse, no accepted medical use.
• Examples: Heroin, LSD, MDMA (Ecstasy), certain synthetic cannabinoids, peyote.
• Penalties for Possession: Typically a Third-Degree Felony, punishable by up to 5 years in prison and a $5,000 fine. Possession of more than 10 grams of certain Schedule I drugs (like heroin or MDMA) can escalate to a First-Degree Felony, with penalties up to 30 years in prison and a $10,000 fine.

Schedule II Drugs:

• High potential for abuse, but with some accepted medical use under severe restrictions.
• Examples: Cocaine, Methamphetamine, Oxycodone, Fentanyl, Morphine, Adderall, Ritalin.
• Penalties for Possession: Typically a Third-Degree Felony, punishable by up to 5 years in prison and a $5,000 fine. Possession of larger amounts can quickly escalate to Drug Trafficking charges.

Schedule III Drugs:

• Moderate to low potential for physical or psychological dependence. Accepted medical use.
• Examples: Anabolic steroids, Vicodin (hydrocodone in combination with other active ingredients), Ketamine, Tylenol with Codeine.
• Penalties for Possession: Typically a Third-Degree Felony, punishable by up to 5 years in prison and a $5,000 fine.

Schedule IV Drugs:

• Low potential for abuse and dependence. Accepted medical use.
• Examples: Xanax, Valium, Ambien, Tramadol, Klonopin.
• Penalties for Possession: Typically a Third-Degree Felony, punishable by up to 5 years in prison and a $5,000 fine.

Schedule V Drugs:

• Lowest potential for abuse. Accepted medical use. Contains limited quantities of certain narcotics.
• Examples: Cough syrups with codeine (low amounts), certain anti-diarrhea medications.
• Penalties for Possession: Typically a First-Degree Misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.

The penalties for drug possession charges vary largely based on the schedule of the drug or drugs involved in the offense. For instance, drugs with a lower schedule often do not carry the same harsh punishments as other more serious controlled substances.

Penalties for Possession of a Controlled Substance

Possession of a controlled substance generally is a third-degree felony, which can carry up to five years in prison, a $5,000 fine, or both. However, if the offense involves a narcotic classified as a Schedule V substance or 20 grams or less of marijuana, the charge would be considered a first-degree misdemeanor. This could be punishable by up to one year in jail, a $1,000 fine, or both.

The substance volume and the establishment of the intent to sell will influence the potential penalties. This means if a person is arrested with a large amount of narcotics and drug paraphernalia that could suggest the intent to sell, officers could change the charge to possession with the intent to sell. This could be a more serious offense.

If convicted of any narcotics possession, a Florida resident also could have his or her driver’s license suspended for two years. Additionally, a conviction could mean probation, community service, routine drug testing, rehabilitation, and expensive court fees.

Drug rehabilitation programs are often available for first-time offenders, depending on the situation. As long as the offender complies with the stated requirements, they will be safe from felony sentencing. Failure to comply with the program or recording positive drug test results could mean the original sentence, which would include jail time and a felony charge on the permanent record.

Strategic Defense Against Drug Possession Charges in St. Petersburg

Defending against drug possession charges in Florida often hinges on challenging the prosecution's evidence and asserting constitutional rights. A primary strategy involves demonstrating an unlawful search and seizure; if drugs were found without a valid warrant, probable cause, or voluntary consent, they may be inadmissible, potentially leading to dismissal. Another crucial defense is proving a lack of knowledge or intent, arguing you were unaware of the drugs' presence or that they belonged to someone else in a shared space, thereby negating actual or constructive possession.

Further defense strategies include disputing the lab analysis if it doesn't confirm the substance as illegal or if the analysis is flawed. If the substance is a prescription drug, presenting a valid prescription or a lawful medical marijuana authorization can serve as a complete defense. We also investigate potential entrapment by law enforcement and assert Miranda Rights violations to suppress any improperly obtained statements. Though rare, evidence or strong suspicion of planting of evidence by law enforcement would also be a powerful defense.

Why Choose a St. Petersburg Possession of a Controlled Substance Lawyer

Possession charges can have a serious impact on a person’s life, and a conviction could be devastating. If you are facing charges for possession of a controlled substance, contact a St. Petersburg drug possession defense attorney at Morris Law Firm, P.A..

Melinda Morris, managing partner of Morris Law Firm, P.A., is an experienced drug defense lawyer who was a state attorney responsible for prosecuting a range of very serious drug offenses from investigation through trial. She understands what it takes to get a conviction, and this first-hand experience can be beneficial when building a strong defense for your case.

Morris Law Firm, P.A. represents clients throughout the Tampa Bay area, including St. Petersburg, Bartow, New Port Richey, Dade City, Plant City, Clearwater and other surrounding areas. 

Contact A Pinellas County Drug Possession Defense Attorney Near You

Drug offenses, such as possession of a controlled substance, are very severe and may seriously affect all aspects of your life. You do not have to face the legal system alone. 

Contact Morris Law Firm, P.A. by calling (727) 592-5885. Our St. Petersburg drug possession defense lawyer can help you build a strong defense against the charges and work to get a favorable outcome in your case.

FAQs

What Should I Do If Arrested for Drug Possession?

Remain calm and do not resist arrest. Exercise your right to remain silent and request a lawyer immediately. Avoid making statements without legal counsel present. Contact Morris Law Firm, P.A. as soon as possible to ensure your rights are protected and to begin building a defense strategy aligned with St. Petersburg’s legal system.

Can First-Time Drug Offenders Avoid Jail Time?

Yes. First-time offenders may qualify for diversion programs, deferred prosecution, or probation in lieu of jail. These alternatives often include treatment, education, or community service. Our attorneys work to secure these outcomes and help protect your record and future.

How Do Drug Courts Work in St. Petersburg?

St. Petersburg’s drug courts are rehabilitation-focused programs designed for eligible non-violent offenders struggling with substance use. Participants must follow strict guidelines, attend treatment sessions, and appear in regular court reviews. Successful completion may result in reduced or dismissed charges.

Can Police Search Me Without a Warrant?

Only under certain circumstances. Unlawful searches can result in evidence being suppressed. Our attorneys review whether your constitutional rights were violated during any search and use that to strengthen your defense, if applicable.

What If the Drugs Weren’t Mine?

If you were unaware of the drugs or they belonged to someone else, you may have a viable defense. Possession charges require proof of knowledge and control. We challenge the prosecution’s ability to establish those elements and work to have charges reduced or dismissed.

Will a Drug Possession Charge Stay on My Record?

Unless expunged or sealed, a conviction may remain on your record and affect employment, housing, or education. We explore post-case options like record sealing and guide eligible clients through the process to minimize long-term consequences.

Why Hire a St. Petersburg Drug Possession Lawyer?

Local experience matters. Our team at Morris Law Firm, P.A. understands Pinellas County court procedures and works closely with judges and prosecutors. We offer aggressive advocacy and compassionate support from arrest through resolution, prioritizing both legal results and personal impact.

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