A drug refers to a biological substance that is consumed without any dietary or medical purposes. The United States Constitution labels such drugs as either illegal or legal. Drugs classified as illegal include marijuana (in some states), cocaine, ecstasy, heroin, and other prescription drugs that have been unauthorized.
Except for medical marijuana, the manufacture, possession, distribution, and other activities, such as trafficking, associated with these substances are under the regulation of federal and state laws. The federal laws apply to all citizens of the US regardless of the state in which they live. If found culpable, a person can be prosecuted by the Department of Justice of the office of the US Attorney in the respective district court.
In the State of Florida, medical marijuana is legal if you are a licensed user. Otherwise, being found in possession of or selling marijuana makes you culpable and you could face from 1 to 30 years imprisonment. The depends on the amount of marijuana that you are found in possession with, and the proximity of the selling point to specific areas such as schools. These charges could range from felony to misdemeanor and could also involve fines of $1,000 to $200,000.
You could be charged with being in possession with the intent to sell. For this offense to hold in court, the prosecutors must provide proof of the intention of the defendant to distribute or sell the drugs. The specifics of the charge will depend on the type and amount of controlled drug in possession.
The elements of a drug possession charge should include the nature of illegality of the drug as per the Florida laws. There must be proof of knowledge of the drug by the defendant. There should also be adequate proof of the defendant having control of the presence and location of the drug.
In case you find yourself in trouble, you need to contact Mark S. Lowry, ESQ, for highly-rated representation on your drug crime allegations. Lowry Legal houses an experienced former prosecutor that is zealous in representing all kinds of drug crimes on Fort Lauderdale. Contact us through our 24-hour line at (954) 848-2824.