Former Prosecutor | Former Insurance Defense Attorney

Click To Call : Free Consultations

Criminal Defense
View Practice Areas

Personal Injury
View Practice Areas

Naples, Florida

Drug charges in Florida: Cocaine laws

On Behalf of | Feb 3, 2023 | Blog, Drug Charges

Depending on the state and the drug, drug charges carry specific penalties. Cocaine laws are a special category when it comes to drug charges. In Florida, drug possession can range from a misdemeanor to a felony.

Drug charges in Florida

In Florida, cocaine is classed as a Schedule 2 controlled substance. It is also known as a street drug. Anyone caught in possession of any Schedule 2 drug, with the exception of marijuana, can face a felony.

Florida law states that penalties for drug possession range from:

  • A first-degree misdemeanor, or 11 months 29 days in jail
  • A first-degree felony with a minimum mandatory sentence

Cocaine laws in Florida

To warrant a first-degree felony for cocaine possession, which can impose a sentence of 30 years in prison, the possession must be considered drug trafficking. Possession of 28 grams or more can result in a trafficking charge.

With Florida’s cocaine laws, there are harsher penalties for anyone found to be in “constructive” or “actual” possession of the drug. In such a case, they face charges of a third-degree felony, with the following penalties:

  • 5 years in prison, or 5 years of probation
  • A $5,000 fine
  • Possible drug counseling, inpatient drug rehab, or driver’s license suspension

Do first-time offenders go to jail?

In most cases, Florida considers it a third-degree felony when someone has a controlled substance in their possession. A first-time offender can likely face a felony drug charge for cocaine possession. Drug charges are always stressful. Florida’s cocaine laws carry especially harsh penalties for possession which may result in jail time.