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If you have been charged with the possession of a controlled substance under
Florida Statutes, the State must prove not only that the substance was one of
the enumerated substances controlled by Florida Law, but also that you were in
possession of the substances at the time of your arrest. The State can prove
possession in one of two ways. First, the controlled substance may be in your actual possession having been
found on your person, in your hand, in your pocket, or in a purse or backpack attached
to your body. For obvious reasons, actual possession of controlled substances is a much easier
for the State to prove. Alternatively, the State may attempt to prove your possession
of a controlled substance which was in a vehicle in which you were a passenger,
a house which you may have shared with others, or in a public location in your
vicinity. Merely being close to suspected drugs is not sufficient to meet the
State's obligation to prove constructive possession.
Many drug offenses carry minimum mandatory criminal penalties. Also, convictions of any enumerated drug offense may result in a suspension
of your driving privilege for up to two (2) years. Penalties for various drug
offenses may range from misdemeanor sentences for possession of a small amount
(less than 20 grams) of marijuana or drug paraphernalia (pipes, bags, papers,
razor blades, or soda cans) used in the consumption of drugs, to felony convictions
for possession of large quantities of drugs, possession of prescription or otherwise
regulated drugs or the sale/delivery of drugs.
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