Florida Drug Crimes Questions & Answers
Drug charges carry some of the most heavy handed penalties in the Florida and Federal Criminal Justice System. The basis for this is reasoned that many violent crimes are committed during the importation and delivery of illegal drugs. Unfortunately the law does not adapt to those instances when the illegal drugs are from a grandparents medicine cabinet. Illicit drugs are a vice - they can cause debilitating dependencies and are therefore controlled by law. It does not matter why someone possesses a controlled substance or the reason why they are purchasing it - under the law each will face difficult challenges to overcome the stiff penalties the State Attorney's Office will be urging the court to impose if they can prove their case.
Q1. I heard that pot / marijuana (cannabis) was going to be legalized (legalizing marijuana). Is that true and if so do I really have to worry about carrying it on me? Medical marijuana?
A1. The rumor that cannabis or marijuana will soon be legalized has been growing louder recently, spurned on by High Times mag/website and others. However that rumor has been around since the 1970s and possessing marijuana in any amount is still a crime in Florida. Right now if you are convicted of possessing marijuana in Florida the Department of Motor vehicles WILL suspend your driver's license for 2 years. That is on top of anything the Court imposes on you. Possessing 21 grams (grams not ounces) or more of "pot" in Florida has a maximum penalty of 5 years in state prison and maximum fine of $5000.
Q2. I heard that if you keep your drugs under the passenger seat of the car that they cannot find you guilty of possessing it. Is that true?
A2. No. Your question deals with "constructive possession." This is a legal term that is used by the criminal justice system and its application under different circumstances is what allows the State of Florida to enforce the laws. This area of law is large and complex. Unless you have a legal education don't try to understand it to figure out how to beat "the system." Your best defense to possessing controlled substances is to always to invoke your right to remain silent and to speak with a lawyer before saying anything to the police. Florida drug cases are charged everyday. Only an attorney educated in drug possession law should be consulted and hired.
Q3. I recently injured my back and my sister gave me some pain killers her doctor had prescribed to her. Is that against the law?
A3. Most prescribed medications, especial pain killers, are "scheduled" substances - meaning they are controlled. It is a felony for anyone to give another person a controlled substance unless they are a licensed physician. It is also a felony or misdemeanor to possess a controlled substance (without a prescription). There is no such thing as medical marijuana in Florida and growing marijuana is illegal. In Florida drug cases, there is also NO "family" or "friend" defense for possessing a controlled substance.
Q4. Someone told me to be careful not to throw "stuff" in the trash? Why should I be concerned about my garbage?
A4. Law Enforcement searches people's garbage left out for the garbage man, believe it or not. The law allows the police to search garbage left for pick-up to be searched without a warrant. There is no privacy right to the contents of your garbage. I have had cases where law enforcement searched the person's garbage for 2 weeks in order to get enough probable cause for a search warrant of the house.
Is it legal for law enforcement to do this? Yes. When they execute the search warrant on your house do they have to break-in your door? No, but they do it anyway.
Q5a. I was in a car with 3 other people. They were all smoking marijuana but I didn't. We were pulled over and the police arrested all of us. Is this legal?
A5a. Yes, if law enforcement had enough probable cause to make the arrest. Probable cause can be based on the facts or circumstances that surround a given situation.
Q5b. But I never smoked it or even held it.
A5b. That is a great defense. But unless you keep your mouth shut and enter a plea of not guilty and you find a competent attorney, that defense is wasted. Stick to your guns and understand that the law protects the innocent if you utilize it.
Q6. I was arrested for having some drugs but they charged me with trafficking? I never give my drugs to anyone and I am not a dealer. How can I be a trafficker?
A6. The "Trafficking" charge is not based on dealing or delivery of drugs - it is based on amount. Possessing one gram of LSD, for instance, is trafficking for that drug. Cocaine's cutoff is 28 grams (about an ounce). Above the weight range, whether or not the drug is sold to others, it is trafficking. If found guilty of trafficking in any drug the law requires that you serve minimum mandatory time in prison starting at 3 years.***
***It is important to understand that trafficking cases come with a "minimum mandatory" sentence. That means if you are convicted of trafficking you will spend a minimum of 3 years in prison, period.
Q7. I have a substance abuse problem. I know one day I am going to get caught with drugs. What can I do?
A7. Getting caught might get you into a Drug Court program but it should not be your first step trying to address this problem. Although Drug Court is an excellent program for those arrested, you should first try and address these issues on your own. There are many counseling programs available in the Central Florida area and around the state. Some are very good and some are schemes to take your money (or your health insurance money). Most fall somewhere in between.
Find yourself a good counselor and dedicate yourself to the program. Group programs, though less expensive, seem to have had less of an impact on my prior clients. One on one counseling with medically trained and educated counselors seem to have the best results.
Q8. I have to be drug tested - is there a product out there that will clean my system faster so I can pass?
A8. There are a lot of claims that a product will clean your system (see http://www.marijuana.com/drug-test/index) but I would not trust them - especially if the test is for probation or a job. Remember, the manufacturers of these products want to sell them to you. If you fail a drug test it is YOU that will suffer the consequences. I have had too many clients try these products (without my knowledge) with dire consequences to ever endorse any.
To Retain Orlando Criminal Defense Attorney Eric J Dirga
If you have a question about drug offenses please click on our "Contact Us" button and send in the question. If it is a frequently asked question we will post it here. If not we will email you a response to your email address.
