Gainesville Drug Defense Attorney and Former Drug Prosecutor Kevin Robertson is experienced and knowledgeable in all areas of Florida’s drug laws. Mr. Robertson knows what is at stake and he knows how to make the law work on your behalf. Do not hesitate. Contact Kevin Robertson at (352) 275 – 7491 immediately to discuss a defense strategy in your case.
Defending Drug Crimes in Gainesville, Florida
Drug offenses in Florida can include a variety of crimes, ranging from misdemeanors with light sentences to felonies with very harsh punishments. Drug charges can also be classified as federal offenses, state offenses or both. Federal charges usually carry much stiffer punishments and harsher penalties than state offenses. A few common drug offenses are:
- Possession of a Controlled Substance
- Possession of Drug Paraphernalia
- Drug Trafficking
- Possession with Intent to Sell
- Prescription Fraud / Doctor Shopping
- Drug Manufacturing
If you have been charged with a drug offense in Gainesville, or the surrounding areas, it is important to hire an attorney that has an in-depth knowledge of Florida’s drug laws. Gainesville Attorney and former drug prosecutor Kevin Robertson will push the state to show their evidence, make witnesses available for cross examination, including undercover officers or confidential sources, forcing the state to attempt to prove its case against you. Mr. Robertson will relentlessly work to identify defenses or mitigating circumstances to help favorably resolve your case. Mr. Robertson will thoroughly investigate your case for Miranda issues, illegal vehicle stops, illegal searches and seizure issues, ineffectual drug evidence testing procedures and alibi defenses. Please contact Attorney Kevin Robertson by email or phone today. Call (352) 275 – 7491.
Florida Drug Crimes Information Center
- Florida Drug Offenses and Statutes
- Florida Drug Schedule
- Examples of Controlled Substances in Florida
- Penalties for First Time Arrests in Florida
- Alachua County Drug Court
- Drug Resources in Alachua County (see below)
- Cannabis/Marijuana Charges in Florida
Drug Offenses and Statutes in Florida
The Florida Comprehensive Drug Abuse Prevention and Control Act, codified in Florida Statutes chapter 893, governs all state drug charges in Florida. The Act defines all charges and penalties for drug offenses in Florida. Section 893.13 lists acts that are prohibited by the Act, including:
The sale, manufacture, delivery, possession with intent to sell any controlled substance can be a felony or misdemeanor offense. These charges are more commonly known as Possession with Intent to Sell or Drug Manufacturing.
The sale or delivery of any controlled substance in excess of 10 grams is a felony of the first degree. This charge is more frequently known as Drug Trafficking.
The purchase of, or attempt to purchase a controlled substance can be a felony or misdemeanor offense. These charges are frequently known as Possession of a Controlled Substance or Possession of Drug Paraphernalia. This offense can also be Drug Trafficking depending on the amount purchased.
Florida’s Drug Schedule
The Florida Comprehensive Drug Abuse Prevention and Control Act classifies drugs, or controlled substances into schedules, from Schedule I to Schedule V. The schedules basically categorize controlled substances and drugs, and range from very addicting drugs with any offense carrying a high penalty (Schedule I) to rarely addictive drugs with offenses incurring lighter punishments (Schedule V).
- Schedule I drugs have a high potential for abuse and no known, or used, medical application in the United States. Some examples are GHB, heroin and LSD.
- Schedule II drugs have a high potential for abuse, but are used for medical purposes in the United States. Common examples are opium, hydrocodone and vicodin.
- Schedule III drugs have a lower potential for abuse than Schedule I or II drugs, and have a known medical use in the United States. Examples include barbituic acid and anabolic steroids.
- Schedule IV drugs have a lower potential for abuse than Schedule III drugs and are used for medical purposes in the United States.
- Schedule V drugs have the least potential for abuse and are commonly used in medical applications in the United States.
Examples of Controlled Substances in Florida
Controlled substances can include a variety of drugs or substances, including prescription medications, pills without medications, street drugs, any derivative or base of street drugs or medications, or any other substance that may be abused as a drug. Some examples of controlled substances are:
Prescription Pills / Medications:
- Alprazolam, also known as Xanax
- Anabolic Steroids
- Codeine or Hydrocodone with an NSAID or acetaminophen, also known as Vicodin, Lortab, Lorcet
- Dextropropoxyphene, also known as Darvon, Darvocet
- Enzodiazepines, also known as alprazolam (Xanax), diazepam (Valium)
- Methadone, also known as Dolophine, Methadose
- Methylphendiate, also known as Ritalin, Concerta, Adderall
- Morphine, also known as Roxanol, Kapanol
- Oxycodone Hydrochloride, also known as OxyContin, Percocet, Percodan
- Oxymorphone, also known as Opana, Numorphan, Numorphone
- Pure Codeine
- Pure Hydrocodone
- Zolpidem, also known as Ambien
- Amphetamines, also known as Uppers, Speed, Black Beauties, Bennies
- Benzoylecgonine, also known as Cocaine Metabolite
- Benzoylmethylecgonine, also known as Ecgonine, Cocaine, Powder, White Lady, Blow, Coke, Coca
- Cathinone, also known as Bath Salts
- Diacetylmorphine, also known as Heroin, Smack, Black Tar
- Gamma-hydroxybutyric acid, also known as GHB, the Date Rape Drug
- Ketamine, also known as Special K, K
- Lysergic acid diethylamide, also known as LSD, Acid
- Marinol, also known as THC Pill, Synthetic Cannabis
- Mescaline, also known as Peyote, San Pedro, Achuma, Peruvian Torch cacti
- Methamphetamine, also known as Meth, Speed
- Methylenedioxymethamphetamine, also known as Ecstasy, MDMA
- Opium, also known as Poppy, Poppy Seeds, Opiates
- Phenylcyclidine, also known as PCP, Angel Dust
- Psilocybin, also known as Psilocyn, Magic Mushrooms, Shrooms
- Salvia divinorum, also known as Salvinorin A, Salvia, Synthetic Marijuana
- Tetrahydrocannabinols (THC), also known as Cannabis, Marijuana, Pot, Weed, Ganja, Bud, Chronic
Penalties for Drug Crimes in Gainesville, Florida and surrounding areas
The potential punishments you will face for a drug offense depends on the crime you are convicted of, and the degree of severity of the offense. For example, any drug crimes in the vicinity of an elementary school, public school or university, public housing facility, or to someone under the age of 18 are more severe and incur greater punishments. The following list describes punishment ranges in Florida:
- Misdemeanor of the Second Degree – Jail time up to 60 days, and/or fines not more than $500;
- Misdemeanor of the First Degree – Jail time up to one year, and/or a fine not more than $1,000;
- Felony of the Third Degree – Prison sentence up to five years, and/or fines up to $5,000;
- Felony of the Second Degree – Prison time up to 15 years, and/or fines up to $10,000;
- Felony of the First Degree – Imprisonment not more than 30 years, and/or fines not more than $10,000; and
- Life Felony – Florida prison sentence ranging from 30 years to not more than life in prison, and/or fines up to $15,000.
Alachua County Drug Court
Florida law provides methods to avoid jail or prison time for offenders who have been charged with certain nonviolent first time drug offenses. Florida’s Drug Court is a voluntary program available for drug offenders that have been charged with a misdemeanor or third degree felony drug offense. The alleged offender must have no other drug offenses, and only includes possession charges, drug sale charges, drug delivery charges, and any other offense that is drug-based. The drug court usually involves regular court appearances before a drug court judge, substance abuse treatment, counseling and monitoring to prevent repeat offenses. Most criminal charges will be dismissed after the drug court has been successfully completed.
National Drug Resources and Resources in Gainesville, Alachua County, Florida
Drug Enforcement Administration– The DEA is a national governmental agency that enforces the United State’s laws and regulations regarding drugs and controlled substances.
Federal Drug Penalties – The Drug Enforcement Administration’s web site has information about specific federal penalties, including prison sentences and fines, for possessing, trafficking and distributing controlled substances.
Narcotics Anonymous – NA is a non-profit organization designed for people who have a drug addiction to meet and support each other in order to stay drug-free.