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Florida Criminal Defense -
Florida Criminal Charges
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Possession of Drugs is different then the charges of Sale or delivery of drugs, Trafficking in controlled substances, or possession with intent to Distribute drugs. Different drugs are treated differently for sentencing purposes and level of offense, depending on the type of drug and quantity (weight). There are two types of possession. There is actual physical possession, on the person, in his pockets, or purse, or in a place over which they have exclusive possession and control. The other is constructive possession, in a place which the person shares control with someone else such as in a car with other people, in a room with other people, or in a car that the accused is driving which is borrowed. It all depends on the factual pattern of whether it is an actual possession or a constructive possession case. To be convicted of Drug Possession the state must prove the following elements: A) the accused possessed a substance, B) the substance is a controlled substance, C) the accused knew of the presence of the substance, and D) the accused exercised dominion and control over the substance.hePossession of Marijuana is a misdemeanor if the weight is less then grams. Over grams then it is a felony. All other drugs are considered felonies even if simply possessed. If the weight is over a certain amount, different for each drug, then it could be charged as a Trafficking offense. (See Drug Trafficking). With a Trafficking charge minimum mandatory sentences come into play which require the convicted offender to serve 100% of their sentence, day for day without being eligible for gain time. (See Drug Trafficking)
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All Criminal Offenses 