Drug possession is an offense by someone who did not manufacture, distribute, or sell the controlled substance. Instead, the defendant likely held the controlled substance for personal use.
Specified by Florida state laws, possession of most controlled substances may be charged as a third degree felony. Florida state law allows a first degree misdemeanor charge for simple possession of cannabis — marijuana — in an amount less than twenty grams.
Florida state persecutor must show the following to establish elements of drug possession.
- Evidence that the seized material is a controlled substance as defined by Florida law.
- Defendant’s knowledge of the drug.
- Defendant’s control of the drug.
“Possession with intent to sell” includes all legal elements of simple possession, but also requires proof of the defendant’s intent to sell or distribute the drugs. This specific charge depends on the type of controlled substance involved in the crime.
Florida state laws set a range of punishments for drug offenses. The potential punishment for a drug possession charge depends on the type of controlled substance, the type of charge, and the degree of the misdemeanor or felony.