Possession, Sale, Delivery and Trafficking
The harsh drug laws created by the legislature and the enormous prison sentences routinely handed out by judges in drug cases have become astonishing. The idea that in some cases, a hand full of pills can result in drug trafficking charges that carry mandatory prison sentences is shocking to many people.
Your case must be assessed by an experienced criminal defense attorney to determine what defenses you may have. A thorough evaluation requires a detailed review of the stop, search and seizure that resulted in the arrest. If law enforcement illegally obtained the evidence, then they shouldn’t be able to use it against you. A winning motion to suppress could be the difference between your case being dismissed and you receiving a long prison sentence.
Read below to learn more or contact The Ford Law Office to find out more about your defenses.
§ 893.13(6), Fla. Stat.
To prove the crime of Possession of a Controlled Substance, the State must prove the following two elements beyond a reasonable doubt:
1. You possessed a substance.
2. The substance was a controlled substance.
When cannabis is the controlled substance, the jury must make a finding as to weight if you are charged with possessing more than 20 grams of cannabis.
3. The cannabis weighed more than 20 grams.
This charge may be a 3rd degree felony, or in the case of cannabis, a 1st degree misdemeanor if it weights less then 20 grams.
“Sell” means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.
“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
“Mixture” means any physical combination of two or more substances, including, but not limited to, a blend, an aggregation, a suspension, an emulsion, a solution, or a dosage unit, whether or not such combination can be separated into its components by physical means, whether mechanical or thermal.
To prove you knowingly possessed a substance, the prosecutor must prove beyond a reasonable doubt that you knew of the existence of the substance and intentionally exercised control over that substance.
"Control" can be exercised over a substance whether the substance is carried on a person, near a person, or in a completely separate location. Mere proximity to a substance does not establish that the person intentionally exercised control over the substance in the absence of additional evidence. Control can be established by proof that (defendant) had direct personal power to control the substance or the present ability to direct its control by another.
"Joint possession" Possession of a substance may be sole or joint, that is, two or more persons may possess a substance.
Lack of knowledge of the illicit nature of a controlled substance is a defense to Trafficking.