Frequently Asked Questions Regarding Drug Offenses

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 will soon be legalized has been growing louder recently, however that rumor has been around since the 1970s.  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.

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.  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.

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 law enforcement 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.

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 refuse to plea guilty (or no contest) 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).

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.  I have provided an incomplete list of these providers HERE.  However, I do not endorse any nor know which are good and which are cons.  Be careful in choosing.

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.