Cocaine in Tampa, Florida
Under Florida Law, cocaine is a “Schedule II” controlled substance. An individual found to be in possession of cocaine may be charged with a third degree felony, punishable by up to five (5) years in prison or five years of probation, and a $5,000 fine and a two-year Florida driver’s license revocation.
Heroin in Tampa, Florida
Heroin is listed as a “Schedule I” narcotic in Florida, meaning that it currently has no accepted medical purpose and has a high potential for addiction and abuse. In Florida, possessing less than ten (10) grams of heroin is classified as a Third Degree Felony, punishable by up to five (5) years in prison or five years of probation, and a $5,000 fine and a two-year Florida driver’s license revocation.
Meth in Tampa, Florida
Methamphetamine, also known by the street names of Meth or Crystal Meth, is a highly addictive narcotic, which is listed as a “Schedule II” controlled substance in Florida. It is a Third Degree Felony to possess less than fourteen (14) grams of Methamphetamine. A Third degree penalty carries a maximum penalty of 5 years in jail and up to a $5000 fine.
Ecstasy in Tampa, Florida
Known by the street name Ecstasy, MDMA stands for 3,4-Methylenedioxyamphetamine, which is a hallucinogenic substance. MDMA is designated as a Schedule I controlled substance, meaning it has a high potential for abuse and has no currently accepted medical use in the United States. It is a Third Degree Felony to possess less than ten (10) grams of MDMA.
Actual v. Constructive Possession
Possession, under Florida Law, may be active or constructive. Active possession means the drug or contraband is on your person. Constructive possession is based on idea of control of the drugs rather than physically having it.
To prove constructive possession,
- The illegal drug/narcotic must be within the person’s dominion and control;
- The person must be aware of the existence of the illegal drug/narcotic; and
- The person knew of the illegal nature of the illegal drug/narcotic.
An example of constructive possession is if you are a passenger in a car, and illegal drugs/narcotics are in the glove compartment, provided all the other elements are also met. There is no minimum amount for a conviction, so even a bag of residue can lead to felony charges. In addition, Florida law requires that your driver’s license be suspended for two years upon conviction for possession of illegal drugs.
Possession and Trafficking of Prescription Drugs
If a person has possession of prescription drugs/ pills without a valid prescription, he or she may be charged with illegal possession of prescription drugs. Penalties will vary by the drug as well as the quality of the drug possessed. Note that the trafficking weight is determined by how much the pills weigh, not by the pill’s dosage. Some common prescriptions drugs are discussed below.
Hydrocodone in Tampa, Florida
Hydrocodone, also known as Vicodin, Norco, and Lortab, is a “Schedule II” drug in Florida. Possessing up to four (4) grams of Hydrocodone without a valid prescription is a Third Degree Felony in Florida. This may be as little as one pill. Possession of 14 grams or more of Hydrocodone is prosecuted as Trafficking in Hydrocodone.
Oxycodone in Tampa, Florida
Oxycodone is the generic name for OxyContin and is a “Schedule II” drug in Florida. It is a Third Degree Felony to possess less than four (4) grams of Oxycodone without a valid prescription. This may be as little as one pill. Possession of 7 grams or more of Oxycodone is considered Trafficking in Oxycodone.
Xanax in Tampa, Florida
Xanax is the trade name for Alprazolam, which is a “Schedule IV” drug in Florida. It is a Third Degree Felony to possess any amount of Xanax, even a single pill, without a prescription.
License Suspension and Jail Time
The above crimes are Third Degree Felonies under Florida Statute. This means a defendant can be sentenced to:
- Five years of probation,
- Five years in prison, or
- A fine of up to a $5,000.
Also, persons convicted of possession or trafficking of prescription drugs in Florida are subject to a 2-year driver’s license suspension.