Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, “club drugs,” and heroin. These laws also criminalize the possession of “precursor” chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use. Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be deemed “simple” possession, while possession of large amounts may result in a charge of presumed “possession with intent to distribute.” – See more at: http://criminal.findlaw.com/criminal-charges/drug-possession-overview.html#sthash.nPsrD6of.dpuf

Categories of Drug Possession Laws

Drug possession laws generally fall into one of two main categories: (1) simple possession (for personal use); and (2) possession with intent to distribute. The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug dealers. To prove possession with intent to sell, prosecutors may present evidence such as digital scales, baggies, large quantities of the drug, large amounts of cash in small bills or testimony from witnesses.

Drug Trafficking – possessing, conspiracy to traffic, or selling and/or delivery of drugs can be considered drug trafficking. A conviction for drug trafficking carries an enhanced jail sentence, large fines, and mandatory minimum jail sentencing in Florida.

Is marijuana legal in Florida?

While the medical marijuana laws are still being worked out, Florida’s recreational drug possession laws remain in place. You can still be arrested for driving under the influence of marijuana or smoking it in public. The law also does not affect federal law, which completely prohibits marijuana possession and distribution.

The city of Orlando has decriminalized small amounts of marijuana. This means that police officers can choose to give out citations instead of making arrests for 20 grams of cannabis or less or with marijuana paraphernalia in Orlando. For the first-time offender, the citation is a $100 fine and $200 for a second offense. After that, repeat offenders can get a fine of up to $500 and need to show up in court. Fines may be waived for attending substance-abuse education or doing community service. But it’s important to remember that marijuana possession is still a misdemeanor under Florida law and you could still get arrested for having, smoking, or distributing it.

If you or your child is facing manufacturing, possession of drugs or drug paraphernalia, or tracking charges, or has been arrested in Florida for a drug crime, call Attorney Glenn Roderman to your side.