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Drug Crimes: Drug Possession Charges


Each Miami criminal lawyer at Donet, McMillan & Trontz, P.A. excels in defending drug possession cases. Dozens of people are arrested on daily basis for cocaine possession and marijuana possession. Convictions for simple possession cases may carry what seem to be insignificant penalties, but the consequences can be severe and life-altering. All of our defense lawyers have vast experience in drug possession cases.

Drug Possesion
Although cocaine possession and marijuana possession are the most common drug offenses, individuals are arrested for possession of several other types of illegal or controlled substances. Other illegal substances that people are arrested for include:
  • Heroin
  • Ecstasy (MDMA)
  • LSD and methamphetamines
Others are arrested for possessing legal drugs without a prescription such as: Xanax (Alprazolam), oxycodone (Roxycodone) or Vicodin.

Drug Possession Penalties in Florida

In Miami and the State of Florida, mere possession of an illegal or controlled substance in most circumstances is a felony, both in state and federal court. An exception to this rule is possession of a minimal amount of cannabis (marijuana), which is currently a misdemeanor. Another distinction between a felony and a misdemeanor charge is the amount of incarceration an individual is subject to upon a conviction. A misdemeanor in the first degree carries a maximum punishment of 364 days in the county jail, while a felony in the third degree carries a maximum punishment of 5 years in state prison. Examples of the crimes and accompanying punishments are set forth below.

Marijuana Possession
Marijuana Possession
Cocaine Possession
Ecstasy Possession
Heroin Possession
< 20 grams

> 20 grams

< 28 grams

< 10 grams

< 4 grams

< 1 gram
1st degree misdemeanor

3rd degree felony

3rd degree felony

3rd degree felony

3rd degree felony

3rd degree felony


In order to be convicted in court for possession of an illegal or controlled substance, the prosecution must prove beyond a reasonable doubt that an individual either actually or constructively possessed an illegal substance, and that the individual knew the substance was illegal.
  • Actual possession means that a person physically possessed the illegal substance in his/her hand or carried on his or her person.
  • Constructive possession means that a person had the illegal substance in such close proximity that it is considered to be under that person's dominion or control.
Everyone arrested for possession of cocaine or possession of marijuana or other illegal and controlled substance should know that merely being in close proximity of cocaine, marijuana or another illegal substance without more evidence is not sufficient to prove that a person possessed anyone of those items.

Generally, a first time offender charged with possession of a small amount of a controlled substance can expect a sentence of "time served" for the jail time a person may have already served or a short probationary period, if no jail time has been served. Although the penalty may not seem harsh, serious immigration consequences such as deportation can also result from entering such a plea. The experienced Miami criminal lawyers at DMT understand these consequences and will fight to prevent them from happening to you.

Criminal Drug Possesion

Speak With A Drug Defense Attorney Today!

To speak with a skilled Miami or South Florida criminal lawyer at DMT about your cocaine possession or marijuana possession case, or if you have questions regarding any other drugs you may have been arrested for, please contact DMT to schedule your free consultation. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page or by sending an e-mail. We are available every day of the year, 24 hours a day.

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