Florida Drug Possession, Purchase & Sale Crimes
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Orange County Florida Criminal Lawyer - Drug Offenses:
The penalties can vary greatly depending on the type of offense, type of drug
and quantity involved, however, you should be aware that even a drug convictions
for possessing a small amount of marijuana can have severe penalties. In
addition to jail time, fines, and other penalties, a drug conviction may also result
in your drivers license being suspended, see Florida Statute 322.055 & 322.056.
If you have been arrested for a drug crime you should speak with an experienced
criminal defense attorney at your earliest opportunity to learn about your rights
and the defenses that may be available to you.
In many cases, a properly prepared defense will result in either reduced
penalties, reduced charges, or a dismissal of the case. Even in criminal cases
where the evidence of guilt is overwhelming, a proper defense and presentation
of mitigating circumstances can result in significant decreases in penalties the
defendant receives.
If you or a loved one has been arrested for a drug crime, Call the Wilson Law Firm Today at (407) 648-5255 to speak
with an experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding drug offenses:
Drug Paraphernalia - Possession of Drug Paraphernalia is a 1st degree misdemeanor punishable by up to 1
year in the county jail. Almost any item can be termed drug paraphernalia when used in connection with drugs,
including: pipes, baggies, cigars, rolling paper and bongs, and these items are legal when they do not contain drug
residue or are not being used in connection with illegal drugs. For more information on Drug Paraphernalia offenses
visit the firm's drug paraphernalia page and see Florida Statues 893.147 at the bottom of this page.
Drug Possession - It is unlawful for any person to be in actual or constructive possession of a controlled
substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid
prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or
constructive possession of controlled substance except as otherwise authorized by law. These are some of the more
common offenses:
1) Possession of cannabis less than 20 grams which is a 1st degree misdemeanor punishable by up to 1 year in the
county jail. A conviction for this offense also results in a loss of a persons drivers license for 2 years. For more
information on Drivers License Suspensions See Florida Statute
2) Possession of cannabis of 20 grams but less than 25 pounds is a 3rd degree felony punishable by up to 5 years
in State Prison.
3) Possession of cocaine, MDMA, Heroin, GHB, Oxycodone or Hydrocodone less than 28 grams which is typically a
3rd degree felony punishable by up to 5 years in State Prison.
Drug Purchase - Except as authorized by law, it is unlawful for any person to purchase, or possess with intent to
purchase, a controlled substance. These are some of the more common offenses:
1) Purchase of cannabis which is typically a 3rd degree felony punishable by up to 5 years in State Prison.
2) Purchase of cocaine, MDMA, Heroin, GHB, Oxycodone or Hydrocodone which is typically a 2nd degree felony
punishable by up to 15 years in State Prison.
Drug Sale or Possession with Intent to Sell - Except as authorized by law, It is unlawful for any person to
sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. These
are some of the more common offense:
1) Sale of Cannabis which is typically a 3rd degree felony punishable by up to 5 years in State Prison.
2) Sale of cocaine, MDMA, Heroin, GHB, Oxycodone or Hydrocodone which is typically a 2nd degree felony punishable
by up to 15 years in State Prison.
The following factors can significantly increase the level of the offense and the penalties the Defendant may receive in
cases involving controlled substances and illegal drugs:
Location - Penalties will increase if the criminal offense occurs within a 1000 feet of a child care facility, school,
college, university, postsecondary educational institute, park, community center, public housing facility, church or
place of worship and in some cases a minimum mandatory sentence of 3 years in State Prison will apply.
Drug Trafficking (Quantity) - If the quantity of the controlled substance or illegal drug exceed certain amounts,
the penalties will increase and in certain cases may be charges as Drug Trafficking. Trafficking cases involve
minimum mandatory sentences that increase depend on the type and quantity of the controlled substance or illegal
drug. For more information on Drug Trafficking offenses and penalties visit the Drug Trafficking page below
Minimum Mandatory Sentences - A minimum mandatory sentence prevents a person from being sentenced
to less than the minimum provided by statute if they are found guilty of the crime.
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Please visit the links below for some additional information on controlled or illegal substance crimes:
Drug Trafficking Laws - Drug Trafficking Crimes & Laws
Florida Statute 322.055 -Revocation or suspension of, or delay of eligibility for, driver’s license for persons 18
years of age or older convicted of certain drug offenses:
Florida Statutes 322.056 - Mandatory revocation or suspension of, or delay of eligibility for, driver’s license for
persons under age 18 found guilty of certain alcohol, drug, or tobacco offenses; prohibition:
Florida Statute 775.16 - Drug offenses; additional penalties.
Florida Statues 893.147 - Drug Paraphernalia
Florida Statute 893.13 - Prohibited Acts and Penalties
Florida Statute 893.03 - Controlled Substances Standards & Schedules
For more information on Florida drug offenses, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation. The
Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orlando Florida Criminal Attorney & Orange County DUI Lawyer - The hiring of an attorney is an important decision which should not be based solely on
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with a Winter Park criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
Orlando Criminal Attorney & Orange County Florida DUI Lawyer
Call Today: (407) 648-5255
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Orlando Criminal Lawyer & Orange County Florida DUI Attorney -
Call Today: (407) 648-5255
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