Miami Legal Tips Blog

Understanding Miami’s Drug Possession Laws

Any type of drug crime is considered a serious offense in Miami and can lead to jail time, huge fines, and a felony on your record. However, not all drug crimes are created equal. Read on to learn about the different drug possession laws and what you can do if you’re accused of a drug crime.

The different types of drug charges

Miami has a number of different types of charges available for prosecutors to use. Here are some of the most common – though note that it’s just a partial list:

  • Intent to sell
  • Drug cultivation
  • Possession of controlled substance
  • Prescription forgery
  • Possession of drug paraphernalia
  • Drug trafficking

Miami has some of the strictest drug laws you’ll find anywhere in the U.S. The most common type of drug charge is possession of a controlled substance. There are several ways a prosecutor can charge a person with drug possession, including simple possession in which a person was found with a small amount of drugs, constructive possession in which a person didn’t actually have the drugs on them but had access to the drugs, and actual possession, in which the drugs were on the person.

The consequences can be significant

A person who’s convicted of drug possession of substances like cocaine or meth in Florida could be facing penalties as serious as five years in prison and fines of up to $5,000, while other types of possession and amounts could result in minimum sentences of up to 15 years in prison and fines of a quarter-million dollars.

Why are Florida laws so harsh?

Florida in particular has a very difficult time handling drug trafficking. In an effort to crack down, the legislature has taken steps in recent years to significantly increase penalties and to get more serious with sentencing. The good news is that there are still options.

What to do if you’re charged with or accused of a drug crime in Florida

If you’ve been formally charged with a drug crime – or you’re under suspicion – then it’s time to call Gilbert & Smallman. Depending on your situation, we may work to have the charges dropped, we may work to prove the evidence was obtained illegally, or, if there is a lot of evidence against you, then we may work to have your crime charged as a lesser offense.

No matter the situation, working with a criminal defense attorney is your next step. Reach out to us today for your free case evaluation.

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