Florida state law prohibits the possession, consumption, and distribution of many substances. There are also federal regulations prohibiting many drugs and controlling the use of others. The state can charge people for the possession of prohibited drugs or the abuse of prescribed medications.
People's attitudes about drug use have shifted in recent years, with society and the mainstream media becoming much more permissive. However, the law does not necessarily reflect this more accepting attitude about drug use.
People who live in Florida or visit the state may find themselves accused of violating state drug statutes. When that happens, they could potentially face felony charges. What types of drug offenses might result in felony prosecution in the Florida criminal courts?
Most types of drug crimes are felonies
Florida actually has relatively strict drug laws. The state is often among the first to ban new substances as they become popular. Drug offenders accused of repeat offenses or offenses involving particularly dangerous substances could be subject to surprisingly harsh criminal sentences. More serious felony charges carry the harshest possible penalties.
It is actually much easier to explain what constitutes a misdemeanor drug offense in Florida, as many of the most common drug offenses are felonies. Only certain drug possession offenses are misdemeanor crimes. Even then, possession can become a felony if the accused person possessed a large amount of a drug. It is a misdemeanor to possess a small amount, up to 20 grams, of specific drugs. Drug paraphernalia possession can also lead to misdemeanor charges.
Possession of multiple types of drugs or larger amounts of a single drug could lead to felony charges. If the state can credibly claim that someone trafficked, distributed or manufactured a drug, the defendant is likely to face felony charges. Even possession with the intent to deliver the substance to others can lead to felony charges.
Prosecutors often try to bring the most serious charges that they can justify given the evidence available and current statutes. Defendants may find themselves facing multiple charges at once or felony allegations that could have life-altering implications.
Those accused of felony drug offenses could be at risk of major criminal consequences and a life-altering criminal record. Reviewing the state's evidence for a pending drug charge can help defendants understand the possible consequences of the charge and begin developing an appropriate response.