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Drug9101 Possession of Controlled Substance
Welcome to Your Comprehensive Guide on DRUG9101
Facing charges related to DRUG9101 – Possession of Controlled Substance in Hillsborough County, Florida? This landing page is your go-to resource for insights into this common offense.
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Top Ten Frequently Asked Possession of Controlled Substance Questions and Answers
Possession of a controlled substance is a third-degree felony, carrying penalties of up to five years in prison, five years of probation, and a $5,000 fine under Florida law.
DRUG9101 refers to the possession of a controlled substance under Florida Statute 893.13.6A. It is a third-degree felony, punishable by up to five years in prison, fines, and probation.
Yes. Possession of 20 grams or less of cannabis is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Possession of more than 20 grams is a felony.
Actual possession means the drug is found on your person. Constructive possession means you had control over the substance, even if it was not physically on you.
Yes. Under Florida law, an officer may arrest a person without a warrant if there is probable cause to believe they are in possession of a controlled substance.
Common defenses include illegal search and seizure, lack of knowledge, prescription defense, entrapment, and lack of actual or constructive possession.
Yes. Depending on the circumstances, a skilled attorney may negotiate for a reduction to a misdemeanor, dismissal through pretrial diversion, or other favorable outcomes.
Yes. A conviction for drug possession can remain on your record permanently unless it is eligible for expungement or sealing under Florida law.
Florida classifies controlled substances into schedules based on their potential for abuse. Schedule I drugs, like heroin, have no accepted medical use, while lower schedules have some medical applications.
Navigating Florida’s Criminal Statutes: Title XLVI
Florida’s legal foundation for criminal offenses is established under Title XLVI CRIMES. This comprehensive framework categorizes and governs the prosecution of various illegal acts, including high-stakes drug-related offenses.
The Core of Narcotics Law: Chapter 893
At the center of Florida’s drug enforcement is Chapter 893: Drug Abuse Prevention and Control. This critical chapter dictates how the state regulates, prohibits, and penalizes the possession and distribution of controlled substances.
Understanding DRUG9101: Section 893.13 Prohibited Acts
The DRUG9101 designation focuses specifically on Section 893.13, which outlines prohibited acts and their corresponding legal penalties. This section provides the essential legal definitions for:
- Possession of controlled substances and cannabis.
- Offenses involving specific scheduled narcotics.
- Standardized arrest and charging procedures.
Your Legal Defense: The Law Office of W.F. “Casey” Ebsary, Jr.
When facing the complexities of a DRUG9101 charge, your choice of counsel is the most significant decision you will make. The Law Office of W.F. “Casey” Ebsary, Jr. provides the aggressive representation and strategic guidance necessary to protect your rights.
Contact us today for a confidential case evaluation:
Empower Your Defense: Knowledge is your best asset. ARM yourself with a clear understanding of the charges you face in Hillsborough County by using our comprehensive legal guides.
Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Please consult with a qualified attorney regarding the specific details of your case.
Felony Drug9101 Possession of a Controlled Substance
Possession Controlled Substance
This is the 11th on the list of over 250 ways to land in Tampa, Florida’s Hillsborough County Jail. Possession of a Controlled Substance is a Third Degree Felony that can be punished by 5 years in the Florida State Prison. Here is a summary of the rather obscure names for drugs under the Florida Controlled Substances laws. We call it our Florida Drug Name Online Dictionary.
If you have been charged with DRUG9101 POSSESSION OF CONTROLLED SUBSTANCE you can call a Tampa Drug Crime Defense Attorney at 813-222-2220 and discuss your case at no cost or obligation.
DRUG9101 POSSESSION OF CONTROLLED SUBSTANCE
Drug-related offenses are prevalent in various parts of the United States, and Hillsborough County, Florida, is no exception. One of the most commonly charged offenses in this region is DRUG9101, which pertains to the possession of controlled substances. In this comprehensive guide, we will delve into the legal intricacies surrounding this charge and explore the relevant laws found in Title XLVI CRIMES, Chapter 893 DRUG ABUSE PREVENTION AND CONTROL, specifically Section 893.13 Prohibited acts; penalties.
Chapter 893: The Foundation of Florida Drug Laws
Within the Florida Criminal Code (Title XLVI), Chapter 893 serves as the primary authority on Drug Abuse Prevention and Control. It is the essential framework for how the state defines, regulates, and prosecutes all narcotics-related offenses.
Section 893.13: Defining Prohibited Acts (The Core of DRUG9101)
The heart of most drug possession charges in Florida lies within Section 893.13. This statute is subdivided into specific categories that dictate the severity of a charge based on the substance and the quantity involved.
1. Possession of a Controlled Substance
Under s. 893.13(6)(a), it is strictly illegal to be in “actual or constructive possession” of a controlled substance without a valid prescription from a licensed practitioner.
- The Penalty: A violation of this subsection is generally classified as a Third-Degree Felony, which carries significant prison time and lasting criminal records under Florida’s sentencing guidelines.
2. Possession of Cannabis (Marijuana)
Subsection (6)(b) specifically addresses cannabis. The law distinguishes between minor possession and more serious offenses:
- The Threshold: Possession of 20 grams or less is classified as a First-Degree Misdemeanor.
- The Fine Print: This specific misdemeanor leniency does not apply to resin extracts (like hashish or wax), concentrates, or synthetic derivatives, which are often prosecuted more harshly.
3. Possession of Specific High-Schedule Substances
Subsection (6)(c) targets the possession of specific substances listed under the most restrictive schedules ($s. 893.03(1)(a)$ or $(1)(b)$).
- The Limit: Possession of more than 10 grams of these specific substances (or any mixture containing them) triggers a First-Degree Felony charge. This is one of the most severe classifications in the state, carrying the potential for lengthy mandatory minimum sentences.
4. Warrantless Arrests for Cannabis
Subsection (6)(d) provides law enforcement with specific procedural authority. Notwithstanding other arrest laws, an officer may arrest an individual without a warrant if they have probable cause to believe the person is in violation of Florida’s cannabis possession laws.
Facing a DRUG9101 Charge? > The nuances between a misdemeanor and a first-degree felony often come down to the exact weight and classification of the substance. If you have been arrested in Tampa or Hillsborough County, you need a defense that understands these statutory distinctions.
Legal Assistance for DRUG9101 Cases
If you or someone you know is facing DRUG9101 charges, it is crucial to seek legal counsel to navigate the legal complexities. The Law Office of W.F. “Casey” Ebsary Jr, located at 2102 W Cleveland St, Tampa, Florida 33606, can provide the necessary guidance and representation. You can contact them at (813) 222-2220.
DRUG9101 A Deeper Dive
Understanding DRUG9101 – Possession of Controlled Substance in Hillsborough County, Florida, is essential for anyone facing such charges. With the potential for serious legal consequences, it is crucial to be informed and seek professional legal help when needed. The legal system is complex, and proper legal counsel is your best ally when fighting for your rights and freedom.
DRUG9101 POSSESSION OF CONTROLLED SUBSTANCE in Hillsborough County, Florida
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL
893.13 Prohibited acts; penalties
(6)(a) Possession of Controlled Substance
It is unlawful for any person to 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. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6)(b) Possession of Cannabis
If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.
(6)(c) Possession of Specific Substances
Except as provided in this chapter, it is unlawful to possess in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.
(6)(d) Arrest for Possession of Cannabis
Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person who the officer has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis.
Fighting for You or a Friend – Law Office of W.F. ‘Casey’ Ebsary Jr
Address: 2102 W Cleveland St, Tampa, Florida 33606
Phone: (813) 222-2220
Here are some bullet points on codes used and followed by actual language from the Florida criminal drug statutes.
- Form Code: DRUG9101
- Florida Statute: 893.13.6A
- Level: Fel (Felony)
- Degree: 3rd
- Description: POSSESSION OF CONTROLLED SUBSTANCE
DRUG9101 POSSESSION OF CONTROLLED SUBSTANCE one of the most commonly charged offenses in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL
893.13 Prohibited acts; penalties.
(6)(a) It is unlawful for any person to 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. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.
(c) Except as provided in this chapter, it is unlawful to possess in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.
(d) Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person who the officer has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis.
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
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