Clearwater Drug Crime Defense Attorney

Understanding Florida’s Drug Schedules

The federal government regulates many types of controlled substances. Florida has its own schedules that largely mirror federal classifications. These are defined in the 2024 Florida Statues, 893.03, as:  

• Schedule I includes drugs with no accepted medical use, like heroin, peyote, and psychedelics (such as LSD).
• Schedule II includes drugs with less potential for abuse but some medical uses, such as opiates, methamphetamines, amphetamines, fentanyl, and cocaine.
• Schedule III includes ketamine, testosterone, and anabolic steroids. These drugs do have accepted medical uses but can result in dependence if abused or taken without medical supervision.
• Schedule IV and Schedule V include drugs that are commonly prescribed but do have the potential for addiction if they are chronically abused. This included Valium, Xanax, Ambien, Darvocet, Lomotil, Parepectolin, Lyrica, and their generic equivalents. 

The classification of the drugs involved in the alleged crime will impact the severity of the charges and potential penalties. Generally, offenses involving Schedule I and Schedule II drugs are considered more “serious” and prosecuted more aggressively than cases involving Schedule IV or Schedule V drugs. 

Marijuana & Florida’s Drug Laws

Marijuana, also known as cannabis, is a special case in the state’s laws. It is classified as a Schedule I drug, however, it is the only drug in that schedule that may not result in felony penalties for a conviction. Following the trend of other states in the Union, recent legislation has passed that significantly reduced possible punishment. For example, an arrest for simple possession will most likely result in a first-degree misdemeanor charge. 

You can, however, still be charged with a felony for possessing, selling, or growing marijuana or manufacturing cannabis derivatives. Possessing larger quantities or selling to minors, for example, may result in a felony conviction. It is important to discuss the specific circumstances of your charge with our attorney as soon as possible. 

Drug Offenses Haworth Legal Handles

There are several types of drug crimes you can be charged with in Florida. Some are more serious than others, but even minor drug convictions can lead to jail time and hefty fines. 

Our attorney can assist you with charges involving:

• Possession. Possible penalties are dependent on the Schedule of the drug in question and the amount that was found on your person. Misdemeanor possession, for example, applies to having less than 20 grams of marijuana or specific Schedule V drugs, leading to a year-long prison sentence and/or a fine of up to $1,000. First-degree felony possession, on the other hand, occurs when there are more than 10 grams of a Schedule I drug in question. A conviction can lead to up to 30 years in prison and up to $10,000 in fines. 
• Trafficking. Drug trafficking involves the production, transportation, distribution, and/or sale of a controlled substance. There are mandatory minimum penalties dependent on the amount and the schedule of the drug involved, and convictions will result in incarceration and high fines. Federal trafficking charges could be pursued if prosecutors believe drug trafficking activity crossed state lines. Other factors, including where drugs were regularly produced and sold as well as what controlled substances were involved, will also influence sentencing. 
• Sale of a controlled substance. These charges can be pursued when law enforcement witnesses the sale of a controlled substance or participates in the transaction via an undercover officer. The sale of a controlled substance will most likely be charged as a first-, second-, or third-degree felony in Florida, depending on the type or quantity of the drug. Potential consequences for convictions will depend on the classification of the drug, where the sale took place, how much of the drug was sold, and any prior criminal history.
• Manufacturing or cultivation. Drug manufacturing covers any situation where someone facilitates the manufacturing of synthetic controlled substances, such as methamphetamines, or participates in the finishing processes for cultivated or grown products, such as marijuana. In either situation, manufacturing charges have a possible prison sentence of 5 to 30 years and high fines, if convicted. 

It is important to note that one does not need to necessarily have drugs on their person to be charged with simple possession or possession with intent. Law enforcement can potentially charge someone if they find controlled substances or paraphernalia in their home or vehicle – even if the materials are not theirs.