Florida Possession of Fentanyl Lawyers
As the popularity of the lethal drug fentanyl increases, so do criminal charges for the possession of fentanyl.
Under Florida’s Drug Prevention and Control Act, it is illegal to knowingly sell, purchase, manufacture, deliver, or bring into Florida, or to be knowingly in actual or constructive possession of fentanyl or a fentanyl derivative. Fentanyl is considered a Schedule II drug.
Law enforcement will test and weigh the mixture containing the fentanyl, not the pure fentanyl itself. When the mixture weights 4 grams or more, the defendant will face enhanced charges for trafficking fentanyl in Florida.
What is Fentanyl?
Pharmaceutical fentanyl was initially developed as a pain management drug for cancer patients. The cancer patients would apply a patch in order to dispense the drug. The strong opioid properties have resulted in the fentanyl being converted to a street drug and abused.
On the streets, Fentanyl is often added to heroin or sold as a highly potent heroin.
Some Fentanyl Street Terms include:
- Apace
- China Girl
- China Town
- Dance fever
- Tango and Cash
- He-Man
- Poison
- Goodfellas
- Great Bear
Florida Statute 893.12(6)(a) Includes Fentanyl
Florida Statute 893.12(6)(a) – A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter.
Penalties for Possession of Fentanyl in Florida
The legal consequences of possessing fentanyl in Florida are severe. Possession of fentanyl in Florida is classified as a third-degree felony. If convicted, you could face a prison sentence of up to five years. This represents the maximum potential sentence you could face for possessing fentanyl in Florida.
Judges have discretion within this range and may consider various factors during sentencing, such as:
- The quantity of fentanyl possessed,
- Your prior criminal history, and
- Your cooperation with authorities.
Although prison is a possibility, judges also have the authority to sentence a defendant to probation instead of incarceration. Probation allows you to remain in the community under court supervision, often with specific conditions you must meet.
In addition to potential prison time and probation, you also face:
- Fines of up to $5,000, and
- A six-month driver’s license suspension.
When facing charges for fentanyl possession in Florida, it’s important to contact an experienced Fentanyl possession attorney who can help you understand your legal options and potential outcomes.
Defenses to Fentanyl Possession Charges in Florida
Defendants can argue that they were not in constructive possession of fentanyl.
Prosecutors must prove that the defendant was in actual or constructive possession of fentanyl. Prosecutors must prove that the defendant had knowledge of fentanyl’s presence, and dominion and control of the fentanyl, meaning that the defendant could reach out and touch the fentanyl.
Defendants can also contend that law enforcement engaged in an illegal search and seizure.
The government of Florida is serious about prosecuting drug crimes, including possession of fentanyl. Law enforcement can overreach their boundaries when investigating drug possession crimes. Law enforcement must follow many guidelines when engaging in search and seizures. When they violate someone’s constitutional rights, the defendant can ask the judge to throw out the evidence.
Some of the potential defenses include:
Mere Proximity Does Not Establish Possession
Simply being near someone who has fentanyl is insufficient to convict you of possession. You must have had knowledge and control over the drug.
Temporary Possession
If you handled fentanyl briefly but did not intend to store or use it, it may be termed temporary possession. For example, if you found a pill on the ground and promptly reported it to authorities, you may be able to use this as a defense.
Knowledge is Required
The prosecution must prove that you deliberately possessed fentanyl. Actual possession of a substance on one’s person presumes awareness. However, the prosecution must show that you were aware of the substance’s presence and nature in situations of constructive possession, which occurs when the drug is found close to you but not directly on you.
Entrapment
Entrapment may have occurred if law enforcement coerced you into committing the crime of carrying fentanyl when you otherwise would not have.
Fourth Amendment Violation
The Fourth Amendment of the US Constitution safeguards against unreasonable and unlawful searches and seizures. If law enforcement obtained evidence of fentanyl possession without a warrant or probable cause, it could be excluded from court, potentially weakening the prosecution’s case.
Prescription Defense
If you have a valid prescription for fentanyl from a licensed physician and possess the drug according to the prescription guidelines, this is a legal defense.
Legally Prescribed Fentanyl
Certain medical patches or lozenges may contain fentanyl and are prescribed for pain management. Possessing such a medication while following your doctor’s orders is not illegal.
These are just a few possibilities and your attorney will identify the most appropriate defense based on the specific details of your case.
What to Do if Charged with Possessing or Trafficking Fentanyl in Florida
Facing a fentanyl possession or trafficking charge in Florida is a grave matter that requires immediate attention. Here are some crucial steps you should take if you find yourself in this situation:
- Remain Silent and Do Not Consent to Searches. You have the right to remain silent. Do not answer questions from law enforcement beyond basic identification. Without your consent, they cannot search you or your belongings unless they have a warrant.
- Seek Legal Representation Immediately. Contact a qualified Fentanyl possession lawyer with experience with these types of cases. An attorney can advise you on your rights, navigate the legal process, and explore potential defense strategies specific to your case.
It is your right to defend yourself, and a competent Florida fentanyl possession lawyer can help make sure your voice is heard.
Why You Need to Hire an Attorney as Soon as Possible
Fentanyl is up to 75 times stronger than morphine. It can be deadly when inhaled. When someone overdoses on fentanyl, they put law enforcement and emergency responders at risk. If even a small amount of fentanyl becomes absorbed on a paramedic’s skin, it can be lethal.
Florida law enforcement understands how deadly fentanyl is, and for that reason, they prosecute cases aggressively.
The penalties for even the minimum amounts of fentanyl possession are extremely serious. An experienced lawyer can investigate your case and determine the best legal options for you. The attorneys can litigate the facts of the case, negotiate with your prosecutor for a favorable resolution and help you present evidence that proves your innocence.
Contact Our Florida Fentanyl Possession Attorneys as Soon as Possible
If you are facing fentanyl possession charges in Orlando, our law firm can help. The lawyers at Moses & Rooth Attorneys at Law are prepared to fight hard for your rights throughout the criminal justice process. Contact our law firm today to schedule your free case evaluation.
Possession of Fentanyl Resources:
Florida Statute 893.12(6)(a) – Possession of Controlled Substance Statute
Florida Statute 893.03(2)(b)9 – Fentanyl listed as a Schedule II drug
Florida Statute 322.055 – Driver’s license suspension for drug conviction
Florida Statute 893.21 – Overdose possession
Florida Statute 777.201 – Entrapment Statute