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Criminal Defense Lawyer in Orlando, FL

Drug Crime Lawyer

In Kissimmee, Florida, drug crimes are considered serious offenses and are among the most common criminal charges. If someone is arrested for a drug-related crime, they may face misdemeanor or felony charges, and the penalties for these offenses can range from probation to significant prison time. It is crucial to hire an experienced criminal defense attorney to fight for one's future if they have been investigated, arrested, or charged for drug-related crimes. At Hanlon Law, the attorneys take all possible measures under the law to defend their clients. They provide sound legal counsel and support during this challenging time.



Drug Schedules 


Florida classifies illegal drugs and controlled substances into five different schedules based on their medical value and likelihood of abuse for charges and sentencing purposes. The penalties for drug possession can vary significantly, depending on the substance, the quantity, and whether there are prior drug convictions on one's record.


  • Schedule I: These drugs have a high potential for abuse and no accepted medical use. This schedule includes heroin, LSD, ecstasy, marijuana, and peyote. 
  • Schedule II: These drugs have a high potential for abuse but some recognized medical use. This schedule uses Vicodin, cocaine, fentanyl, Demerol, Adderall, methadone, methamphetamines, oxycodone, and Dilaudid. 
  • Schedule III: The substances in this category have some medical use, a low or moderate physical dependence, and a high psychological dependence. This schedule includes Tylenol with codeine, ketamine, testosterone, and anabolic steroids. 
  • Schedule IV: Drugs that have an accepted medical use and their use may lead to limited psychological and physical dependence. Some example drugs are Xanax, Soma, Valium, Ambien, and Tramadol. 
  • Schedule V: These substances have an accepted medical use and limited risk of physical and psychological dependence. This schedule includes coughing preparations with less than 200 mg of codeine, Lomotil, Motofen, Parepectolin, and Lyrica. 


Possession of a Controlled Substance 


In Florida, the possession of controlled substances is defined by Statute 893 as the illegal possession of a drug. There are two types of possession under this statute: actual possession and constructive possession. Actual possession is when the drug is physically on your person, while constructive possession is when you have control over the substance, but it is not in your immediate possession, such as a stash of drugs in your glove box or safe.


The severity of the charge for drug possession varies depending on the type and amount of substance and prior drug convictions. Possession of less than 20 grams of cannabis or Schedule V drugs is a first-degree misdemeanor punishable by up to one year in jail and $1,000 in fines.


Schedule IV and Schedule III drugs are charged as third-degree felonies and carry a penalty of up to five years in prison and $5,000 in fines. Possession of chemicals that make meth, ecstasy, or GHB is a second-degree felony punishable by up to 15 years imprisonment and a $10,000 fine. Possession of more than 10 grams of Schedule I and Schedule II drugs is a first-degree felony, carrying a penalty of up to 30 years in prison and a $10,000 fine, making it the most severe possession charge.


Drug Trafficking 


According to the Florida Statute 893, drug trafficking involves intentionally engaging in the sale, manufacturing, purchase, possession, transportation, or delivery of a specific quantity of narcotics. The law distinguishes between drug sales and drug trafficking based on the quantity of drugs involved.


Here is a list of the threshold for possession categorized by drug: 


  • Marijuana- possession of at least 25 pounds of cannabis or 300 cannabis plants 
  • Fentanyl, hydrocodone, oxycodone, morphine, and opium- at least 4 grams 
  • Cocaine and phencyclidine- at least 28 grams 
  • Amphetamine- at least 14 grams 
  • Methaqualone- at least 200 grams 
  • Gamma- hydroxybutyric Acid (GHB)- at least 1 kilogram 
  • Lysergic Acid (LSD)- at least a gram 


Drug trafficking is a first-degree felony, which carries more severe consequences than drug sales or delivery. The mandatory minimum prison sentence increases with the quantity of drugs involved in the charge.


Drug Manufacturing 


Anyone who engages in any part of the manufacturing of illegal substances can be charged with drug manufacturing. The penalties for drug manufacturing vary, and the typical mandatory minimum for a drug manufacturing conviction is three years imprisonment and a significant fine.


Contact an Kissimmee-Based Drug Crime Lawyer 


It is crucial to hire a Kissimmee-based drug crimes defense attorney if one is facing Florida drug charges. Hanlon Law's attorneys use all available resources to investigate their clients' cases, including the circumstances of their arrest, the prosecution's evidence, and any other relevant factors. They use their knowledge and insight into the Kissimmee and federal courts' prosecutors to combat the severe penalties that come with a drug crime conviction.


If you are facing drug charges in Kissimmee, Florida, contact the Kissimmee criminal defense attorneys at Hanlon Law today.

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