How to Find Information on the Penalty for Drug Possession in Florida

The penalty for drug possession in Florida varies according to the circumstances of each case. If you are arrested for possession, follow these steps to learn what you may face.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Computer with Internet access

Learn the Penalty for Drug Possession in Florida

1. Look up the Florida Statutes online (see Resources below). Chapter 893 deals with drug abuse. Look at Section 893.13 to get information on exactly what's prohibited and what the penalties are. Possession of many controlled substances is considered a felony, although possession of small amounts of marijuana may be considered a misdemeanor.
2. Weight matters. In Florida, the greater the weight of the drug you possess, the harsher the penalty you will face. For example, possession of 1 gram of cocaine will have a much lighter penalty than possession of 100 grams of cocaine.
3. Understand mandatory minimum sentences. Drug possession has mandatory sentencing structures associated with it in Florida. The mandatory minimum sentence will vary according to how much of the drug you possess, what type of drug and your intentions regarding the drug.
4. Stay away from drug paraphernalia and chemicals used to manufacture drugs. Possession of these things is also illegal in Florida and carries penalties similar to those of drug possession.
5. Consult an attorney specializing in criminal law. Since drug laws often change, it is beneficial to seek professional legal advice regarding penalties for drug possession.
6. Ask about rehabilitation. Penalties may be less severe if you request treatment for a drug problem, especially if you are a first-time offender.
7. Contact the American Civil Liberties Union (see Resources below) if you have been charged with or convicted of drug possession in the state of Florida. They will help you understand your rights under the current drug laws.

Tips & Warnings

• If you are arrested for drug possession, you have a right to have an attorney present before answering any questions from the police.
• Even possession of a drug that you have been prescribed in the past is illegal in Florida if you do not have a current prescription for that drug. Play it safe by never accepting prescription drugs from others and avoid attempting to obtain prescription drugs under false pretenses.
• If you are convicted of a drug offense under federal charges, you could face the loss of certain privileges, such as federal student loans and food stamps. This is unlikely to happen if you face state charges in Florida.