Drug prohibition laws make it illegal to use or possess a variety of different substances. There are separate rules for cases involving simple possession as opposed to involvement in the drug trade. Individuals accused of illegal possession often expect the courts to treat them with a degree of leniency. However, sometimes individuals accused of possession end up facing felony charges rather than misdemeanor charges. Florida actually has relatively strict drug statutes.
When might Florida prosecutors bring felony accusations against someone for alleged drug possession?
When they possess controlled or prohibited drugs
Even those who play an active role in the drug trade may try to claim that the substances in their possession are for personal use. Therefore, the law establishes a threshold for the overall weight of the drugs found in a dependent possession. Usually, only very low weights of low-risk drugs lead to misdemeanor charges.
Florida state statutes establish different categories of possession based on the overall amount of a drug found in someone’s possession. Those caught with even a small amount of one substance might end up facing felony charges. A single prescription pill could lead to felony charges if the person in possession of that medication doesn’t have a valid prescription for the drug.
When the state believes they intend to sell the drugs
Frequently, possession of a large amount of drugs or a variety of different drugs can make law enforcement professionals skeptical about what someone intends to do with those substances. Higher weights make it more likely that someone intends to distribute those substances to others.
The same is true in cases where an individual possesses a variety of different drugs. Certain types of paraphernalia might increase the chances of a possession with intent charge. When the state prosecutes someone for possessing drugs with the intent of distributing them to others, the charges are usually felony charges. It is standard procedure for prosecutors to bring the harshest charges they can justify and to pursue multiple charges for one incident.
Anyone facing felony drug charges in Florida may need help responding to the allegations they face. Mounting a reasonable defense strategy can help a defendant to potentially avoid long-term incarceration and a felony criminal record.
