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Florida’s cocaine laws and possible defenses to a charge

On Behalf of | Apr 25, 2024 | Drug Charges

If you face cocaine charges in Florida, it can turn your life upside down. Depending upon the type of drug, possessing even small quantities could carry severe consequences. These are Florida’s cocaine laws and what to expect if you’re arrested.

Cocaine possession explained

Cocaine is classified as a Schedule II drug, which means it carries a high risk of addiction and substance abuse disorder. Because of these factors, a person arrested on drug charges involving it can face serious consequences. If someone is found guilty of possessing as little as 28 grams of cocaine, they can be charged with a third-degree felony, which carries a 5-year prison sentence and a fine of up to $5,000. The penalties are harsher for larger amounts and if manufacturing, trafficking or distribution is involved.

Defending against cocaine possession charges

If you face cocaine possession charges, it’s crucial to have a strong defense. Depending on the circumstances of your case, you could use one of a few. Under the Fourth Amendment, it’s illegal for law enforcement to perform a search without a warrant or your explicit consent. You can use the illegal search and seizure defense if they search your property or person without one of those options.

Lack of knowledge can be used in your case if you legitimately didn’t know that the substance was cocaine. However, this is one of the more challenging defenses.

Another possible defense to cocaine charges is constructive possession. This means that the drug was found on the property you share with others rather than on your person. It can be a strong defense if you can prove lack of knowledge and that you were not involved in the crime. For example, you share an apartment with two roommates and one possessed cocaine and hid it in their bedroom.