Possession of Drugs

In Florida, drug law can be complicated and convoluted. While actions and case circumstances govern which drug charge you will face in other states, the difference between many Florida drug charges is the amount of the drug present. Actions and case circumstances such as the presence of scales or baggies that could indicate intent to sell tend to come secondary. In a matter of a few grams, for instance, simple drug possession can become drug trafficking. An experienced drug crime defense lawyer serving Hernando County can fight to protect your rights and future from a drug possession or more serious charge.

Brooksville Possession of Drugs Defense Lawyer

Florida is known for its issues with drug crime. It is fitting, then that it is also known for its harsh stance on penalties for drug convictions. If you have been arrested for drug possession in Hernando, Citrus, or Sumter County or the surrounding areas, including Brooksville, Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, or Bushnell, The Law Office of Ashley Aulls, P.A. can fight the drug possession charges and penalties you face.

Ashley Aulls has practiced law since 1996. He is passionate about helping criminal defense clients like you, fighting drug possession and other serious criminal charges. Mr. Aulls is committed to helping you understand the basics of Florida’s complicated drug law, how your case fits, and keeping open lines of communication for any questions or concerns you may have. To see what The Law Office of Ashley Aulls, P.A. can do for your drug possession case in Hernando County or the surrounding areas, call (352) 593-4115 today and schedule your initial case consultation.

Definition of Drug Possession in Florida

According to Fla. Stat. § 893.13(6)(a), it is against the law for any person to be in actual or constructive possession of a controlled substance unless it is lawfully obtained directly from a practitioner or with a valid prescription from a practitioner. Actual possession is defined as having the drug on your person, such as in your pockets or purse, and constructive possession is when the drug is in your presence, you know it is an illegal substance, and you have the intent to take actual control of the drug. The offense will be upgraded through Fla. Stat. § 893.13(6)(c) if the drug found is more than 10 grams of certain Schedule I drugs, including, but not limited to:

  • Flunitrazepam (Rohypnol, roofies),
  • Alpha-methyfentanyl (China White)
  • Heroin
  • MDMA (ecstasy, X)

The 10 grams includes the pure substance, any mixture or combination, or any mixture containing the substance. It is important to note that the entire weight of the whole mixture will be used to determine whether or not there is 10 grams, not just the weight of the actual illicit substance in the mixture. The penalties that come with drug possession are very severe; when considering an experienced drug crime defense lawyer as part of your strategy, it is best to contact him as soon as possible after your arrest to begin important defenses immediately.

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Penalties for Hernando County Drug Possession

Simple drug possession, as defined in Fla. Stat. § 893.13(6)(a), is a third-degree felony. Possession of certain Schedule I drugs like ecstasy in excess of 10 grams as determined in Fla. Stat. § 893.13(6)(c) is a first-degree felony. It is important to remember that drug possession can only be charged up to certain amounts under Florida law until it becomes a higher-degree offense like drug trafficking. Examples of limits on a charge of drug possession for common Hernando County controlled substances include:

  • Up to four grams of opiate, such as oxycodone/OxyContin
  • Up to four grams of flunitrazepam, known as Rohypnol and roofies
  • Up to 14 grams of methamphetamine, known as crank or speed
  • Up to 28 grams of phencyclidine, known as PCP and angel dust
  • Up to one kilogram of gamma-hydroxybutyric acid/GHB

Third-degree felony drug possession in the state of Florida is punishable by a maximum of five years in prison and a $5,000 fine. First-degree felony drug possession comes with a maximum penalty of 30 years in prison and a $10,000 fine. All drug charges come with a driver’s license revocation of two years, or a suspension until such time as the person has completed a drug evaluation and/or rehabilitation program. All Florida felonies come with sanctions like the inability to pursue certain educational or professional opportunities and the loss of certain civil rights.  An experienced Brooksville drug possession defense lawyer can fight against your charges and these penalties while working to protect your rights.

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The Law Office of Ashley Aulls, P.A. | Defense Attorney for Hernando County Drug Possession

If you have been charged with drug possession or another related drug crime in the Hernando County, Citrus County, Sumter County, and Pasco County area, including Brooksville, Spring Hill, Timber Pines, Brookridge, High Point, Hernando Beach, Inverness, Inverness Highlands, Beverly Hills, Hernando, Center Hill, Webster, the Villages, Dade City, Shady Hills, and Hudson, contact experienced drug crime defense lawyer Ashley Aulls today. The Law Office of Ashley Aulls, P.A. was founded on the principle that the client’s concerns and education are just as important as the case itself. To schedule your consultation on what The Law Office of Ashley Aulls, P.A. can do for your drug possession case, call (352) 593-4115 today.