In Florida Cocaine is considered a Schedule 2 controlled substance. Under Section 893.13(6)(a), Florida Statutes, a person found to be in “actual” or “constructive possession” of cocaine commits a third degree felony, punishable by up to five (5) years in prison or five years of probation, and up to a $5,000 fine. A conviction for cocaine possession will furthermore lead to a one-year Florida driver’s license suspension.
28 grams to 200 grams = 3 year minimum mandatory sentence.
200 grams to 400 grams = 7 year minimum mandatory sentence.
400 grams to 150 kilograms = 15 year minimum mandatory sentence.
150+ kilograms = life sentence.
If you are accused of Daytona Beach Cocaine possession or Daytona Beach Cocaine trafficking you have defenses. Common defenses include illegal stop, illegal search, knowledge, control and joint possession defenses. Call Daytona Beach Cocaine attorney Kevin J. Pitts at 386-451-5112 to set up a free consultation.
I occasionally here potential clients overlook the severity of a marijuana case. I here things like “they will probably legalize it soon”. That might be true but that does not mean they will legalize all marijuana possession. It also doesn’t change the federal government’s position on drug charges. Some of the collateral consequences of a marijuana charge come from Florida such as a 2 year driver’s license suspension if adjudicated guilty. Other collateral consequences come from the federal government such as blocking federal student loans. Possession of more than 30 grams (not 20) or two marijuana possession cases regardless of the amount can cause serious immigration issues that can result in deportation. If marijuana is legalized for medical purposes that will not be much help for those already convicted. People in Florida go to prison all the time for possessing drugs that have a legal medical purpose. Legalization of marijuana will provide security from future prosecution for those with a valid prescription but that might not be helpful for many recreational smokers. Marijuana attorney Kevin J. Pitts handles Daytona Beach marijuana cases, DeLand marijuana cases, Seminole County marijuana cases, Flagler County marijuana cases and Orlando marijuana cases. In Florida possession of marijuana under 20 grams is a first degree misdemeanor punishable by a maximum of 12 months of probation, 1 year of county jail or any combination of the two and a $1,000 fine. If adjudicated guilty DHSMV will suspend your driver’s license for 2 years. Federal aid including student aid can also be cut off if convicted of simple possession of marijuana. Florida’s laws on marijuana might change in the near future but currently Florida has some of the toughest marijuana laws in the country. Even if Florida legalizes it that would not change the federal government’s war on drugs. It will only make it less likely that those with a valid prescription would have it waged against them. We will also likely see an expansion of marijuana DUI laws if Florida legalizes it. A prior marijuana could increase the likelihood of a DUI investigation during traffic stops if legal limits for impairment are established. Without a legal limit for impairment marijuana DUI cases are currently difficult for prosecutors. If you are accused of possessing, selling, cultivating, distributing or trafficking in marijuana contact attorney Kevin J. Pitts for a free consultation.