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Possession of Methamphetamine in Florida

In Florida, methamphetamine is a Schedule II controlled substance.

Methamphetamine, also known by the street names of Meth or Crystal Meth, is a highly addictive narcotic popularized by the television show Breaking Bad.

In Florida, methamphetamine is a Schedule II controlled substance and it is a Third Degree Felony to possess less than 14 grams of methamphetamine.

As a Schedule II controlled substance, methamphetamine is considered to have a high potential for abuse due to severe psychological or physical dependence and its use is severely restricted in medical treatment.

Methamphetamine Trafficking Threshold

Possession of 14 grams or more of methamphetamine is prosecuted as Trafficking in Methamphetamine. Importantly, the weight is not determined by how much pure methamphetamine is present, but by how much the mixture containing the methamphetamine weighs.

As a result, a person could have a mixture that contain less than 14 grams of pure methamphetamine, but because the mixture’s total weight is more than 14 grams, the person would be guilty of Trafficking in Methamphetamine in Florida and subject to a minimum-mandatory prison sentence.

Penalties for Methamphetamine Possession

The crime of Possession of Methamphetamine is a Third Degree Felony in Florida and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.

Possession of Methamphetamine is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Possession of Methamphetamine to probation, but may also impose a sentence up to the statutory maximum of five years in prison.

Driver License Suspension

Pursuant to Florida Statute 322.055, any person convicted of Possession of Meth will have their driver’s license or driving privilege suspended for six months by the Florida DHSMV.

Defenses to Methamphetamine Possession

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific or common defenses to the crime of Possession of Methamphetamine are:

Constructive Possession

If the Methamphetamine was found in a place where more than one person had access, the prosecutor would have to comply with the law of constructive possession, which requires the prosecutor to prove the following two elements before you can be convicted of Possession of Methamphetamine: [1]

  1. Knowledge of the Methamphetamine’s presence;
  2. Dominion and control over the Methamphetamine, which means more than the mere ability to reach out and touch the Methamphetamine. [2]

Below are scenarios where it can be argued the prosecutor could not meet their burden of proving constructive Possession of Methamphetamine.

Scenario 1: You were stopped while driving a friend’s car and police find methamphetamine in the glove box, they would be unable to convict you of Possession of Methamphetamine unless they had some proof that you knew the methamphetamine was present.
Scenario 2: You were driving your car, had a friend with you, and your friend takes a bag of methamphetamine and places it at his feet. The police then stop you, see your friend’s bag, and arrest both of you. They should be unable to convict you of Possession of methamphetamine because even though you knew the methamphetamine was present, your friend is the only person who exercised dominion and control over it.

Illegal Search and Seizure

More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search. If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.

Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.

Lack of Knowledge

It is an affirmative defense to the crime of Possession of Methamphetamine if you can prove that you did not know the substance in your possession was Methamphetamine. Importantly, this defense requires you to testify to your lack of knowledge of the substance’s illegal nature. [3]

It is an affirmative defense to the charge of Possession of Methamphetamine for a person to briefly possess methamphetamine without a prescription for the sole purpose of legally disposing of it. [4]

In order to raise a legal disposal defense, the methamphetamine must have been acquired without an unlawful intent, possessed for a brief period of time, solely for the purpose of disposing of the methamphetamine without delay.

Overdose Defense

Any person who is experiencing a drug-related overdose and needs medical assistance, or a person assisting the person that needs medical assistance, is immune from prosecution for Possession of Methamphetamine if it can be shown the evidence was obtained as a result of the overdose and need for medical assistance. [5]

Valid Prescription Defense

Given how rarely methamphetamine is lawfully prescribed, this defense would seldom be available. However, in the rare instance where a valid Methamphetamine prescription can be produced that pre-dated your arrest, you will have an absolute defense to the methamphetamine charge. [6]

Importantly, the Prescription Defense is not only available to the methamphetamine prescription holder but also any individual authorized by the methamphetamine prescription holder to hold the medications on his or her behalf. [7]

Temporary Possession

The defense of temporary possession can be raised where a person takes momentary, temporary, or transitory possession of methamphetamine from the true owner. Under such circumstances, the person is not considered to be in legal possession of the methamphetamine because the person never exercised complete dominion and control over the methamphetamine. [8]

Examples of temporary possession are when a person is handed methamphetamine by the true owner and asked to hide it during a police encounter, such as a traffic stop; when holding methamphetamine in the presence of a drug dealer for the sole purpose of verifying or testing the methamphetamine prior to purchasing it; or when passing the methamphetamine from the owner to a third person.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been charged or arrested with the crime of Possession of Methamphetamine in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

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