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Possession of Methamphetamine in Florida: Laws and Defenses

Orlando Defense Nov. 8, 2021

Get Expert Legal Help Today For Your Possession Of Methamphetamine Charge In Florida 

Facing meth possession charges in Florida can be very frightening. Possession of methamphetamine in Florida is a felony, which means that a conviction could land you in prison.

A conviction could also mean that you lose your driver’s license, your right to own a gun, and your immigration status if you aren’t a citizen of the U.S. 

Who should you turn to in the Orlando area to help you fight these charges?

Turn to an experienced and battle-tested defense attorney who has fought for over 26 years for his clients. Orlando drug crime lawyer Michael Reese and the team at Orlando Defense are ready to fight for your freedom. 

What Is The Penalty For Possession Of Methamphetamine In Florida? 

Methamphetamine is a controlled substance under Florida law. Florida defines meth as a Schedule II drug, which means it has a high likelihood of abuse. Methamphetamine, like other Schedule II drugs, can cause both physical and psychological dependence in the user.

Florida statutes 893.13(6)(a) set the penalties for possession of a controlled substance. Possession of methamphetamine (or crystal meth) is a third-degree felony in Florida.

It is important to note, possession of methamphetamine is always a felony regardless of quantity.

The maximum prison sentence for meth possession charges is five years in a Florida state penitentiary. Additionally, you could get a fine of up to $5,000. You might also be designated as a habitual offender if you have a prior felony conviction for possession of methamphetamine in Florida. 

If you have 14 grams or more of meth, you could face trafficking charges. In cases where an individual is facing trafficking charges, Florida Statutes require a minimum mandatory sentence of at least three years in prison. 

What Does It Mean To Possess Meth In Florida? 

There are two types of possession recognized in Florida law. The first is actual possession. Holding your cell phone while texting is an example of actual possession because you have the phone on your person. The same is true if the phone is in your pocket. 

The other type of possession is called constructive possession. To have constructive possession over something means that, even if the item is not on your person at the moment, you know where it is and have control over it.

For example, leaving your cell phone on a charger and walking out of the room is a good example of constructive possession. In that example, you have constructive possession of your cell phone because you know where it is and you plan to exercise control over it. 

When it comes to meth, you can be in actual possession of it if it is found on your person, in your hands, or in clothing you are wearing.

However, if the meth is simply in a vehicle in which you are riding or in a room or house you share with others, then the state would pursue charges under a theory of constructive possession. It is important to note, an individual can be convicted of possession of meth regardless of whether they are in actual or constructive possession of it.

Defenses For Possession Of Methamphetamine Charges In Florida 

There are several possible defenses for your meth possession charges. The facts of your case will dictate the best defense your lawyer should use. 

You might have a claim that the police violated your rights to be free from unreasonable searches and seizures. If the judge agrees with that argument, then all evidence illegally seized by the police is thrown out.

In that scenario, the charges in your case could be dismissed because the prosecutor might not have a case against you at all if vital evidence gets excluded. The other defenses you could argue are best saved for trial. The state has to prove that you possessed a perceptible amount of meth.

You could challenge the drug tests that say the drug is meth. If the drugs were not found on your person, you could also challenge the idea that you had knowledge of or control over the methamphetamine. If the state fails to prove either of the elements of possession of methamphetamine, then the judge or jury should acquit you. 

Get The Help You Need Right Away For Your Charges Of Possession Of Methamphetamine In Florida Right Now 

The skilled defense team with Orlando Defense has over two decades of experience fighting to protect people’s rights. You might feel like you’re under the gun because you have meth possession charges.

Call or go online to find out how we can help. Don’t wait another minute. Reach out today.