Drug Possession Defense Attorneys in West Palm Beach, FL

Charged with Possession of a Controlled Substance in Florida?

Possession of a controlled substance is a serious criminal offense in Florida. The state takes a hard line against those who are accused of possessing controlled substances without a valid prescription from a physician. Even a small amount of certain drugs can lead to a felony conviction and a lengthy prison sentence.

At The Skier Law Firm, our West Palm Beach drug possession attorneys have handled hundreds of cases and have established a reputation for success. We have a thorough understanding of the law surrounding controlled substances and can use that experience to help you avoid the serious penalties associated with a conviction.

Facing charges for possession of a controlled substance in West Palm Beach, FL? Contact us for a initial consultation.

How Does Florida Classify Possession of a Controlled Substance?

In Florida, possession of a controlled substance is classified as either simple possession or possession with intent to sell. Possession of a controlled substance without any evidence of intent to sell is a misdemeanor offense. However, if you are accused of possessing a controlled substance with the intent to sell, you face felony charges.

What Is the Difference Between Simple Possession and Possession with Intent to Sell?

The primary difference between simple possession and possession with intent to sell is the intent demonstrated by the accused. If you are caught in possession of a controlled substance, but there is no evidence that you intended to sell the drugs, you are charged with simple possession. However, if you are in possession of a large quantity of drugs, along with a scale, small baggies, and a large amount of cash, you could be charged with possession with intent to sell.

What Are the Penalties for Possession of a Controlled Substance in Florida?

Florida's penalties for possession of a controlled substance depend on the type of drug involved and the quantity of the drug possessed. The state of Florida has established specific weight classes for different types of drugs, and the penalties for possession increase as the quantity of the drug increases.

The following chart lists the penalties for first-time possession of specific drugs and the quantity required to trigger those penalties:

Type of Drug Quantity of Drug Penalty

• Marijuana
  • Less than 20 grams — Misdemeanor of the first degree
  • 20 grams to less than 25 pounds — Felony of the third degree
• Opioids
  • Less than 28 grams — Misdemeanor of the first degree
  • 28 grams to less than 4 grams — Felony of the third degree
  • 4 grams to less than 14 grams — Felony of the second degree
  • 14 grams to less than 28 grams — Felony of the second degree
  • 28 grams to less than 30 kilograms — Felony of the first degree
• Cocaine
  • Less than 28 grams — Misdemeanor of the first degree
  • 28 grams to less than 200 grams — Felony of the third degree
  • 200 grams to less than 300 grams — Felony of the second degree
  • 300 grams to less than 30 kilograms — Felony of the first degree
• Hallucinogens
  • Less than 1 gram — Misdemeanor of the first degree
  • 1 gram to less than 3 grams — Felony of the third degree
  • 3 grams to less than 5 grams — Felony of the second degree
  • 5 grams to less than 7 grams — Felony of the second degree
  • 7 grams to less than 25 grams — Felony of the first degree
• Opium
  • Less than 28 grams — Misdemeanor of the first degree
  • 28 grams to less than 4 grams — Felony of the third degree
  • 4 grams to less than 14 grams — Felony of the second degree
  • 14 grams to less than 28 grams — Felony of the second degree
  • 28 grams to less than 30 kilograms — Felony of the first degree

As you can see from the above chart, the penalties for possession of a controlled substance increase significantly based on the quantity of the drug possessed. In some cases, possession of a small amount of a drug can result in a misdemeanor charge. However, even a small amount of some drugs, such as 28 grams of opioids, can result in a felony charge and years of prison time.

Our West Palm Beach drug possession attorneys can use our extensive experience to help you avoid the most severe penalties associated with a conviction. We have handled hundreds of drug possession cases and have established a reputation for success. We know how to navigate the legal system and can use that experience to help you avoid a conviction and get the charges against you reduced or dropped.

If you have been charged with drug possession in West Palm Beach, contact us today at (561) 820-1508.