People facing drug charges, especially those with no prior record, might expect a slap on the wrist. Unless the state pursues distribution, manufacturing or trafficking charges, drug defendants may expect to receive lenient treatment.
However, Florida has relatively strict laws regarding illicit and controlled substances. The vast majority of criminal offenses related to drugs are felony crimes. When do those accused of a drug-related offense face misdemeanor charges instead of felony allegations?
There are three common drug misdemeanors in Florida
As mentioned above, most offenses involving illicit substances may lead to felony charges. Prosecutors generally try to bring the most serious charges that the circumstances warrant. However, there are a few scenarios in which defendants may face misdemeanor drug charges.
The first involves an allegation of drug paraphernalia possession. When people possess tools used for the consumption, storage, production or distribution of drugs, but no actual drugs, they may face misdemeanor charges.
There are also two scenarios in which the possession of actual drugs might lead to misdemeanor charges. This is when the state accuses the defendant of possessing marijuana. Minor marijuana possession offenses may be misdemeanor crimes. Similarly, any allegations related to Schedule V substances, including Lomotil, Parepectolin and Motofen, may result in misdemeanor charges instead of felony charges.
Even a misdemeanor drug conviction can limit a defendant’s options in the future. They may struggle to develop their careers, secure rental housing or continue their educations. Working with a criminal defense lawyer can help drug defendants employ the best defense strategy possible, given their unique circumstances. The right strategy can prevent a conviction or limit the penalties imposed for a misdemeanor drug charge.
