Possession of
Controlled Substance
Being convicted of Possession Of Controlled Substance in Florida can have serious and lasting consequences including jail or prison time, probation, and potentially losing the right to vote and possess firearms. Some cases involve prescription drugs without a valid prescription while others deal with narcotics. Regardless, it is important to remember that an arrest is not the same as a conviction, and there are often strong defenses available. Call now to speak with an experienced criminal defense attorney and start building your defense today.
What is Possession Of Controlled Substance in Florida?
A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. A person who violates this provision commits a felony of the 3rd degree.
Potential Prison Time
Possession Of Controlled Substance is a 3rd degree felony, punishable by up to 5 years in Florida State Prison.
Potential Fine
A conviction for Possession Of Controlled Substance can result in a fine of up to $5,000.
Driver's License Suspension
Upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance, the court shall direct the department to suspend the person's driver license or driving privilege. The suspension shall be 6 months or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families.
What Are The Elements Of Possession of Controlled Substance?
Certain drugs and chemical substances are by law known as “controlled substances.” (Specific substance) is a controlled substance.
To prove the crime of Possession of a Controlled Substance, the State must prove the following [two] [three] elements beyond a reasonable doubt:
1. (Defendant) possessed a substance.
2. The substance was (specific substance).
§ 893.13(6)(b), Fla. Stat. Give if applicable.
The jury must make a finding as to weight if the defendant is charged with possessing more than 20 grams of cannabis.
3. The cannabis weighed more than 20 grams.
To prove (defendant) “possessed a substance,” the State must prove beyond a reasonable doubt that [he] [she] a) knew of the existence of the substance and b) intentionally exercised control over that substance.
Give if applicable.
Control can be exercised over a substance whether the substance is carried on a person, near a person, or in a completely separate location. Mere proximity to a substance does not establish that the person intentionally exercised control over the substance in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the substance or the present ability to direct its control by another.
Joint possession. Give if applicable.
Possession of a substance may be sole or joint, that is, two or more persons may possess a substance.
Give if applicable. Cannabis. § 893.02(3), 893.13(6)(b), Fla. Stat.
See Comment section for medical marijuana.
Cannabis means all parts of any plant of the genus Cannabis, whether growing or not, and the seeds thereof [but does not include any resin extracted from the plant].
Affirmative defense: Lack of knowledge of illicit nature. Give if applicable. § 893.101(2) and (3), Fla. Stat.
Lack of knowledge of the illicit nature of a controlled substance is a defense to (crime charged). You may but are not required to infer that (defendant) was aware of the illicit nature of the controlled substance if you find that [he] [she] possessed the controlled substance.
If you are convinced beyond a reasonable doubt that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find [him] [her] guilty of Possession of a Controlled Substance.
If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find [him] [her] not guilty of Possession of a Controlled Substance.
Call Now For A Free Consultation
If you've been charged with Possession Of Controlled Substance, it's important to act quickly. A conviction can result in jail or prison time, probation, fines, suspension of your driver's license, and a loss of voting rights and the right to possess a firearm. Call now to speak with an experienced Criminal Defense Attorney and take the first step towards building a strong defense.
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