Friday, September 27, 2013

Marijuana, The Most Minor Of All Drug Charges

Possession Of Drug Paraphernalia Could Cost You $1,000.

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If you've been arrested or believe you are about to be arrested for any type of drug related charges it is important to know what you might be facing. You can be arrested for not only the possession of drugs but also possession of drug paraphernalia. Paraphernalia could include smoking masks, freebase kits for cocaine, grow kits for cannabis/marijuana, roach clips and more.

If you have been apprehended with even a minimal amount of marijuana, cocaine, heroin, meth, molly, or any other illegal or prescription drug, call The Law Offices of Eric A. Kay, P.A., immediately. How you are charged in Florida when you are found to be in possession of illegal substances is a largely discretionary call by the prosecution. Getting an attorney that is experienced in the defense of drug-related crimes immediately is crucial.

When you are arrested for a crime involving drugs in the Miami, Fort Lauderdale, or West Palm Beach area, important things that may adversely affect your future are happening right away. Once an officer books you, the evidence and reports are transmitted to the Case Filing Unit for the prosecutor's office in the county in which you were arrested. The local case filing attorneys look over the reports, evidence, and other items, and decide what charges to file against you. What the officers arrest you for determines your bond amount but are merely suggestions that the prosecutor's office is free to accept or reject. A case filing attorney may file the charges as presented by the officer, elect to file different charges, or file no charges at all.

While the above is true for all South Florida criminal cases, this process becomes especially important in the context of drug cases. In Florida, if you are arrested with an extremely small quantity of illegal drugs, you will generally be charged with simple possession of that contraband substance. If you are arrested with a very large quantity of illegal drugs, that is all the State of Florida needs to charge you with the crime of Drug Trafficking, a charge that in most cases is punishable by a sentence of up to 30 years in Florida State Prison, with minimum mandatory sentences of up to 25 years.

In the hugely common middle ground however, where an individual is caught with a moderate amount of an illegal drugs, that same person may be charged with a misdemeanor, a felony, or a felony with accusations of intent to distribute the substance. The range in penalties range from as little as a maximum of 364 days in jail, to as much as 15 years in Florida State Prison. How a case is filed has far reaching effects on what punishments are available to the state, and what resolutions may be available to you.

The following information about what the Florida drug law are, can be found on

What Are the Drug Laws for Florida?

Receiving a drug possession or trafficking charge in the state of Florida can be a life changing experience. Having a good defense attorney remains a vital tool when attempting to get a drug charge dropped in court. Knowing your constitutional rights can prevent a police officer from performing an illegal search or seizure.

Drug laws in Florida range from first-degree misdemeanors to first degree felonies.


Possession of marijuana remains the most minor of all drug charges in the state of Florida. A marijuana possession conviction in the state of Florida remains on the defendant's permanent record, which can make future employment quite difficult. Possessing 20 grams or less of marijuana in Florida, considered a first-degree misdemeanor, entails a penalty of up to a year in jail. The first-degree misdemeanor also carries a $1,000 fine. Possessing over 20 grams of marijuana can land the defendant in jail for up to five years with a $5,000 fine. Drug trafficking charges, also known as having intent to sell, have much harsher punishments than simple possession. Being caught with 2,000 pounds of marijuana in the state of Florida has a maximum sentence of seven years in prison with a fine of $50,000.  

Controlled Substance

Possessing a controlled substance in Florida has a much harsher penalty than possessing marijuana. Heroin, methamphetamine, cocaine and ecstasy are all considered controlled substances. Possessing a controlled substance has an automatic sentence of a third-degree felony. A third-degree felony can land the defendant in jail for up to five years with a maximum fine of $5,000. Being caught with more than 10 grams of heroin, considered a first-degree felony, has a maximum prison sentence of 30 years with a fine of $10,000. A trafficking conviction in the state of Florida that involves more than 28 grams of heroin has a minimum prison sentence of 25 years.

Drug Paraphernalia

Drug paraphernalia refers to articles related to the consumption of drugs. Paraphernalia can include smoking devices such as bongs and pipes. Paraphernalia also involves scales used to weigh out drugs as well as containers used to house drugs. A drug paraphernalia conviction, deemed a first-degree misdemeanor, carries a maximum jail sentence of a year and a fine of up to $1,000. Advertising for drug paraphernalia has the same penalty as possessing it.

If you are looking for a criminal lawyer or need defence for drug charges contact the Law Offices of Eric A Kay. They will easily and immediately determine your options and likely costs. The first consultation is absolutely free. Stop worrying about your rights, duties, potential losses, or justice due to you. One phone call will clarify your legal position.

The Law Offices of Eric A. Kay, P.A.
123 S.E. 3rd Ave #252
Miami, FL 33131
Phone: (954) 330-8994
Ft. Lauderdale:
12 SE 7th St. Suite 707
Fort Lauderdale, FL 33301
Phone: (954) 764-7373


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