Possession means to have ownership or control over an illegal drug or controlled substance. Possession may be actual, constructive or joint. Actual possession means having the illegal drug or controlled substance in your hand, in your pocket or in a container or bag that is in your hand or on your person. Constructive possession means that the illegal drug or controlled substance is in a place over which you have control or in which you have concealed it. Joint possession means that two or more people possess the same illegal drug or controlled substance.
Both federal and state laws prohibit the possession of illegal drugs such as marijuana, cocaine, heroin, methamphetamine, LSD, GHB, ecstasy and others. Legally prescribed drugs may be illegally possessed as well. Common examples of illegally possessed prescription drugs include oxycodone, hydrocodone and methadone.
State and federal laws also make it illegal to possess what are called precursor chemicals, which are chemicals commonly used to manufacture drugs.
Possession of a large amount of drugs or drugs packaged in a certain manner may lead to charges of trafficking or possession with intent to deliver or sell.
A conviction for possession of illegal drugs or a controlled substance in Florida will result in a two-year suspension of your driver’s license.
Possession of drug paraphernalia is also a crime under state and federal law. Drug paraphernalia generally refers to any equipment that is used to produce, conceal and consume illicit drugs, including bongs, roach clips, miniature spoons and various types of pipes. The term drug paraphernalia is defined under federal law as “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance.”
Drug paraphernalia products are often marketed as though they were designed for legitimate purposes. Law enforcement will attempt to identify drug paraphernalia based on factors such as the manner in which the items are displayed for sale, the descriptive materials or instructions accompanying the items, and the type of business selling the items. Under federal law, the drug paraphernalia statute, U.S. Code Title 21, Section 863, makes it unlawful for any person to sell or offer for sale drug paraphernalia, to use the mail or any other facility of interstate commerce to transport drug paraphernalia, or to import or export drug paraphernalia.
Your First Step
If you think you are being investigated for a drug offense or have been charged with drug or paraphernalia possession, possession with intent to deliver, sale or delivery, conspiracy, or trafficking, contact the law office of Escobar, Michaels & Associates. We are in Tampa, Florida, and our attorneys are experienced in defending drug cases throughout the state, including Hillsborough, Pinellas, Polk, Pasco and Manatee counties. Our attorneys are also experienced and licensed to practice in federal court, including in the Middle District of Florida. We have represented clients on state and federal charges throughout the United States in many high-profile cases. We will aggressively pursue your constitutional right not to have your home, your car or your person searched without a warrant or with a defective warrant.
Call for a free consultation. It is important to contact an attorney as early in the case as possible. In many cases, our attorneys have been able to intervene in law enforcement investigations to prevent an arrest or to persuade the prosecutor not to charge the client or to file less serious charges.
A Team With Experience
At Escobar, Michaels & Associates, we aggressively defend drug cases through extensive investigation, forensic analysis and thorough preparation. We protect our clients’ constitutional rights with zealous pretrial and jury trial representation.
Our attorneys are well-experienced in the area of criminal law from both sides of the courtroom. Together, we have more than 80 years of legal experience.
If you or a loved one is facing drug charges, contact our law firm today and let our team of attorneys put together the best plan for your defense.
Common Types Of Drugs And Related Issues:
- Crack cocaine
- Crystal methamphetamine
- Drug-facilitated sexual assault
- GHB and analogs
- Powdered cocaine
- Salvia divinorum
- Triple C
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