Types of Drug Charges in Lakeland: Possession, Trafficking, and More

What Drug Charges Are Possible in Lakeland?

Florida’s drug laws are stringent, with a wide range of charges and penalties based on the nature of the offense. Understanding the specific charges and seeking competent legal advice is essential for anyone facing drug charges in Florida. A knowledgeable Lakeland drug crimes defense attorney can outline some of the most common charges and the potential consequences of a conviction.

What is a Drug Under Florida Law?

In Florida, a “controlled substance” or drug is defined as any substance named or described in Schedules I-V of section 893.03 of the Florida Statutes. These schedules classify substances into five categories based on their recognized medical uses, potential for abuse, and safety for consumption. Schedule I substances are considered to have no accepted medical use and a very strong potential for abuse, while Schedule V substances are deemed to have the lowest abuse liability and may be used for medical purposes.

Florida’s classification of drugs into schedules plays a crucial role in determining the penalties for drug charges. Schedule I drugs carry the most severe penalties, while Schedule V drugs are considered less dangerous and, therefore, have lighter penalties.

What Types of Drug Charges Are Possible in Florida?

In Florida, drug charges are categorized based on the type of substance involved, the amount of the substance, and the nature of the offense. Some of the most common drug charges are as follows.

Possession

Possession involves knowingly and illegally possessing a controlled substance. Florida state law recognizes two distinct types of possession:

• Actual: When the substance was found directly on the person or in their clothing.
• Constructive: When the substance was discovered in an area under the person’s control, such as their home or vehicle.
• For both varieties of possession, the prosecution must prove that the individual knew of the presence of the drugs to obtain a conviction. Penalties for possession can range from first-degree misdemeanors to third-degree felonies, depending on the drug and amount.

Possession With Intent to Sell, Deliver, or Distribute

Individuals may face these charges if factors in the case suggest that the drugs were not only for personal use, including larger amounts of controlled substances or the presence of items indicating small-scale distribution to others, such as scales or baggies. This is typically a second-degree felony but can vary depending on the drug(s) involved and the circumstances of the arrest.

Trafficking

Trafficking involves the sale, purchase, manufacture, delivery, or transportation of larger quantities of drugs. State statutes define the amount of a substance that will trigger a trafficking charge.

Trafficking is usually a first-degree felony with mandatory minimum sentences that vary depending on the type and quantity of the drug involved. Capital trafficking charges are possible if someone dies after ingesting the illegal substance that was trafficked or if someone was killed in the process of trafficking the drugs. A capital trafficking conviction can be punished by life in prison.

Drug Manufacturing

Producing drugs or the component substances that can be used to make illegal drugs is a serious crime. Knowingly being involved in any part of the production process of controlled substances can lead to this charge. Drug manufacturing charges are felonies, but the penalties can vary based on the circumstances. Wrongful acts may include:

• Procuring or selling manufacturing equipment or precursor chemicals.
• Cultivating plants such as marijuana or opium.
• Providing assistance or technical knowledge to individuals you know are engaged in drug manufacturing.

Possession of Drug Paraphernalia

Even if you do not have drugs in your possession, you could be charged if you are in control of an item that could be used for drug-related activities. Items like bongs, syringes, grinders, scales, and pipes, among many others, could be considered paraphernalia. However, if the item is dual-use or could be used for decorative purposes, the prosecution must show that the individual was aware of its illicit nature and intended to or had previously used it for a controlled substance. For example, drug residue on an item could indicate this knowledge. Possession of drug paraphernalia is typically a misdemeanor charge.

What Circumstances Can Lead to Enhanced Drug Charges in Florida?

Florida lawmakers have structured the state’s drug laws in an attempt to protect youth and vulnerable populations from the risks related to the sale, manufacture, and use of controlled substances. To this end, aggravated or enhanced drug charges may be applied under specific circumstances which can increase the severity of the punishment for a conviction. Additional penalties can be enforced for drug charges if the alleged crime occurred within 1000 feet of certain areas, including:

• Child care facilities
• Schools
• Community or recreational centers
• Public parks
• Colleges and universities
• Places of worship
• Convenience businesses
• Public housing facilities
• Assisted living facilities or nursing homes

Additionally, engaging in a drug crime in a structure where a child under 16 is present is a first-degree felony. It carries a mandatory minimum sentence of five years in prison. Drug crimes resulting in the serious injury or death of a law enforcement officer, EMT, firefighter, or other government employee can result in second or third-degree felony charges.

How Can a Defense Lawyer Assist You?

Given the complexity of drug laws in Florida and the severe penalties for drug charges, it’s crucial for individuals facing such charges to seek legal representation. A skilled criminal defense attorney from DeMichael Law can help you navigate the court system and present a robust defense to these serious charges. A Lakeland drug crimes defense attorney can also help you explore your legal options regarding plea deals, drug court, and diversion programs that could help you avoid long sentences and hefty fines. Contact our office today at 863-216-1831 to schedule a free case evaluation and learn how we can protect your rights.