Possession of Controlled Substances

Miami Controlled Substance Possession Defense Attorney

A controlled dangerous substance is a drug that can cause harm to an individual and also has a high potential for abuse. In Florida, there are five classifications or schedules of drugs that are largely based on the federal classifications under the Controlled Substances Act. Being convicted of possession of a controlled dangerous substance (CDS) can have serious consequences, including imprisonment, fines, and probation, which is why it is important to call the right attorney.

With offices in Miami, Valiente Law provides aggressive legal representation to clients in Fort Lauderdale, West Palm Beach and throughout the state of Florida. We have a proven track record of defending individuals who have been charged with all types of drug crimes, including possession of a controlled substance. Our legal team will explain all of your rights and consider all of your options. Being arrested for drug possession does not mean you will be convicted — our criminal defense attorneys know how to build the best line of defense and will work to secure your freedom.

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What is a controlled substance in Florida?

In Florida, there are five schedules of controlled dangerous substances that are determined by potential for the drug to be abused:

• Schedule I – Substances with no known medicinal value and will likely to lead to dependency (e.g. heroin, ecstasy mescaline, LSD)
• Schedule II – Substances that have some accepted medical use but are likely to be abused (e.g. cocaine, morphine, oxycodone, opium, methamphetamine)
• Schedule III – Substances with some accepted medical purpose but carry a moderate risk of abuse (e.g. barbiturates, steroids)
• Schedule IV – Substances commonly used for medicinal purposes such as prescription anti-anxiety drugs (e.g. Xanax, Valium, and Ambien)
• Schedule V – Substances with limited quantities of narcotics plus one or more non-narcotic active medical ingredient (e.g. over-the-counter medicines, cough syrups and cold medications)

Possession, knowledge, and control

The State must prove the substance and the required knowing possession. Actual possession generally involves physical custody. Constructive possession requires knowledge of the substance’s presence and the ability to exercise dominion and control over it. Mere presence in a vehicle or room with drugs, especially a shared area, does not by itself establish constructive possession. Ownership and possession are different questions.

Under §893.101, knowledge of a substance’s illicit nature is not an element the State must always prove; lack of that knowledge is an affirmative defense. This is different from knowledge that the substance is present. A valid prescription or other lawful authorization may also matter.

Drug possession penalties and trafficking thresholds

Unlawful possession of many controlled substances is ordinarily a third-degree felony, with a maximum of five years in prison and a $5,000 fine before applicable enhancements. Ordinary possession of 20 grams or less of cannabis is generally a first-degree misdemeanor; more than 20 grams is generally a felony. Cannabis products excluded from that misdemeanor provision, lawful medical use, and trafficking must be considered separately.

Weight boundaries matter. For example, simple-possession quantities below trafficking are less than 28 grams of cocaine and less than 4 grams of heroin, subject to the applicable mixture rules. Trafficking begins at those exact amounts, not only above them. Other drugs have different thresholds; the 10-gram first-degree possession provision in §893.13(6)(c) applies only to the specifically listed substances, not every Schedule I drug.

§893.135 provides separate trafficking offenses, mandatory minimums, and fines. Cannabis trafficking begins at more than 25 pounds or 300 plants and is a first-degree felony, ordinarily carrying a maximum of 30 years, not a universal 15-year maximum. Drug-specific fines can exceed $250,000. See our distribution and trafficking page for selected current penalty bands.

Possession with intent to sell requires proof of that intent; packaging, communications, quantities, and other circumstances may be evidence. Enhanced sale, manufacture, delivery, or possession-with-intent offenses near protected locations have specific statutory requirements. Mere possession near a school is not automatically the enhanced sale offense.

Defenses to Possession of a Controlled Substance in Florida

Our attorneys know how to assert any number of defenses against charges of possession of a controlled substance. We may be able to prove that the substance was not a controlled substance under Florida law, for example, or that you did not knowingly possess and control drugs found in a shared home or car. As an example, we may be able to show that you did not have constructive possession of the controlled substance if it was seized in a dwelling in which other people were living.

Additionally, we will determine whether there were any mistakes or misconduct by law enforcement (e.g. improper search and seizure, Miranda violations). Other valid defenses to drug possession charges include the affirmative defense of lack of knowledge of illicit nature, the possession of a valid prescription from a medical professional or entrapment.

Miami Controlled Substance Possession Defense Attorney

If you have been charged with possession of a controlled substance in Florida, the legal team at Valiente Law can help. Our legal team will work to have the case dismissed or to win an acquittal. We have a well-earned reputation for providing our clients with aggressive legal representation and proven track record of achieving successful results.

Call our office today or complete the convenient online contact form to set up a free consultation.

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Miami Possession of Controlled Substances Defense Review

Great Lawyer. Professional Services. My case was very complicated Mr. Valiente encouraged me from the beginning and finally my case was dismissed. Definitely I will recommend Valiente Law. Thanks!!!!

Martin

Miami Drug Crimes Attorney

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