An individual may not “sell, manufacture, deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance” according to Florida Statutes Section 893.13.

These offenses are considered a second- or third-degree felony. Like most drug crimes in the state, the penalties depend on the type of substance involved in the offense. 

Federal law classifies drugs into “schedules.” Florida follows those same categories. These classes include:

• Schedule I: This drug carries the strictest penalties, and they are all banned by federal and state laws. Some of these prohibited drugs include heroin and LSD. 
• Schedule II: These drugs could be used for specific medical purposes but are mainly banned for recreational use. Cocaine, oxycodone, PCP, fentanyl, and methamphetamine are in this group. 
• Schedule III: These drugs are available with a prescription, but their use is limited. You can find Tylenol, codeine, Vicodin, and ketamine in this classification. 
• Schedule IV: Most of these drugs, such as Valium and Xanax, are tied to prescription fraud crimes, and they have a minimal risk of dependency.  
• Schedule V: Some of these drugs contain some trace amounts of narcotics, especially in certain prescriptions of Lyrica, Parepectolin, and Robitussin.

Many states in the country continue to decriminalize marijuana usage. However, this drug is still illegal in the Sunshine State, except for those who use it for medical purposes. Under federal drug laws, marijuana is considered a Class I drug. 

Anyone in possession of 20 grams or less (with paraphernalia) could be charged with a misdemeanor. Penalties for this conviction include a $1,000 fine and one year in prison. With additional amounts of the drug, the consequences increase, including a $25,000 fine and 15 years in prison.

A medical professional must distribute these drugs, and the person needs a prescription in their name. If anyone possesses these drugs without a prescription, it can lead to criminal charges. Forging a prescription and selling these drugs are also serious crimes in the state with strict penalties.

In the state of Florida, you can be charged with actual or constructive possession of drugs. When you are stopped by a law enforcement officer and drugs are found in your pocket or purse, that is considered an actual possession. However, constructive possession occurs when the controlled substances are found in another location, such as your home. 

Fortunately, there are many ways to fight these charges, including disputing the validity of the arrest and search. An experienced drug crimes lawyer can help you challenge these charges.

Another type of drug crime in Kissimmee is attempting to sell. An individual may not “possess any drugs that are harmful, toxic, potentially habit-forming, or brand new” under Florida Title XXXIII, Chapter 499.03 (1).

Licensed practitioners or other medical professionals are excluded from this statute. If you have attempted to sell drugs in the state, it is a second-degree offense. 

Florida considers drug trafficking to be a serious offense in the state. The cultivation, manufacture, distribution, and sale of controlled substances are prohibited in the state. These crimes carry minimum sentences, including several years in jail and a $25,000 fine. 

Depending on the type of controlled substance, the sentences can vary. In addition to state charges, you could be charged under Federal law. These offenses would carry heftier penalties if the individual committed the crime across state lines. 

Drug crime penalties differ across the state. The sentences depend on the type and amount of the substance. If the individual was in possession of a firearm, then the charges can be elevated. In some cases, the defendant is a repeated offender, leading to a severe sentence, like losing the chance to attend a diversion program in the future. 

Some crimes, such as possessing and selling certain drugs, carry a second-degree misdemeanor charge. However, you could spend a significant amount of time in jail or pay a fee to the court. Those found guilty of possession or distribution of Schedule I or II drugs will be prosecuted with a third-degree felony. 

The state of Florida actively pursues these crimes. If you are convicted, you can lose your job, custody of children, and housing opportunities. Not only will you have to spend time in jail or prison, but you also have a criminal record that will follow you around for the rest of your life.

Drug crimes should never be taken lightly in the state. Any convictions can severely limit your future opportunities. Along with that, you will face the strictest punishments in the country. You must speak with a skilled Kissimmee criminal defense attorney . 

Ken Eulo has the experience representing many drug crime clients in Kissimmee. He understands the legal process and will make sure your rights are protected in court. 

You need someone on your side who works tirelessly for your case and helps to develop a defense strategy for these charges. If you face a drug crime charge in Kissimmee, make sure to reach out to Ken’s office. You can set up a consultation to discuss your specific criminal case.