In Florida, the possession of a controlled substance is a serious criminal offense that involves unlawfully having drugs that are regulated by state and federal laws. Controlled substances include illegal drugs like cocaine, heroin, and methamphetamine, as well as prescription medications that are possessed without a valid prescription. Florida's drug laws are strict, and penalties for possession vary depending on the type and amount of the substance.  Possession of CDS charges in Jacksonville require an experienced Duval County criminal defense attorney.  

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Definition of Possession of a Controlled Substance:

Under Florida law, possession of a controlled substance occurs when a person:

1. Has physical control or dominion over a substance that is classified as controlled under Florida's drug schedules (Chapter 893, Florida Statutes).

2. Knows that the substance is illegal or that they do not have a valid prescription for it.

3. Has actual or constructive possession** of the substance, meaning it is either on their person (actual possession) or in a place over which they have control, such as a car or home (constructive possession).

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Types of Controlled Substances:

Controlled substances in Florida are categorized into five schedules based on their potential for abuse, accepted medical use, and safety. Some common examples include:

Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD, ecstasy).

Schedule II: High potential for abuse, accepted medical use with restrictions (e.g., cocaine, methamphetamine, oxycodone).

Schedule III: Moderate potential for abuse, accepted medical use (e.g., anabolic steroids, ketamine).

Schedule IV: Low potential for abuse, accepted medical use (e.g., Xanax, Valium).

 

Schedule V: Lowest potential for abuse, accepted medical use (e.g., cough preparations with less than 200 milligrams of codeine).

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Types of Possession:

Actual Possession: The controlled substance is physically on the person, such as in a pocket or hand.

Constructive Possession: The controlled substance is not on the person but is in a location over which the person has control, such as in a vehicle or residence.

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Penalties for Possession of a Controlled Substance:

The penalties for possession of a controlled substance in Florida depend on the type and amount of the substance, as well as the defendant's prior criminal history.

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1. Possession of a Schedule I or II Substance (e.g., heroin, cocaine, methamphetamine):

Third-Degree Felony: Punishable by up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.

These substances are considered the most serious, and even small amounts can lead to felony charges.

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2. Possession of a Schedule III, IV, or V Substance (e.g., anabolic steroids, Xanax, Valium):

First-Degree Misdemeanor: Punishable by up to 1 year in jail, 1 year of probation, and a fine of up to $1,000.

Larger amounts may still result in felony charges.

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3. Possession of Marijuana (cannabis):

Less than 20 grams: First-degree misdemeanor, punishable by up to 1 year in jail, 1 year of probation, and a fine of up to $1,000.

More than 20 grams: Felony, with penalties similar to those for other controlled substances.

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Aggravating Factors:

Certain factors can lead to enhanced penalties for possession of a controlled substance in Florida, including:

Possession near a school, park, or other protected area: Enhanced penalties may apply if the offense occurs within 1,000 feet of a school, daycare center, park, or other designated area.

Possession with intent to sell or distribute: If the defendant is found with large quantities of a controlled substance or other evidence suggesting intent to sell, they may face more severe charges, such as drug trafficking.

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Defenses to Possession of a Controlled Substance:

Several defenses may be available to someone charged with possession of a controlled substance in Florida, depending on the circumstances of the case:

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1. Lack of Knowledge: The defendant may argue that they were unaware of the presence of the controlled substance or that it belonged to someone else.

2. Illegal Search and Seizure: If the police conducted an illegal search or violated the defendant's constitutional rights, the evidence (drugs) may be suppressed, leading to dismissal of the charges.

3. Valid Prescription: If the defendant has a valid prescription for the controlled substance, this may be a defense to the charges.

4. Entrapment: If law enforcement induced the defendant to commit the crime, this could be a defense.

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Importance of Legal Representation:

Possession of a controlled substance is a serious offense in Florida that can lead to significant legal consequences, including jail or prison time, fines, and a permanent criminal record. It is essential for anyone facing these charges to seek legal representation from an experienced criminal defense attorney who can evaluate the evidence, challenge the prosecution's case, and work to reduce or dismiss the charges.

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In summary, possession of a controlled substance in Florida involves unlawfully having a drug that is regulated by the state's drug schedules. The penalties depend on the type and amount of the substance, with potential charges ranging from a misdemeanor to a felony. Legal representation in Duval County is crucial to defend against these charges and protect your rights.