When an individual is charged with drug possession, Florida Statute §893.13 identifies the key factors that determine the bail amount. It is also known as the Comprehensive Drug Abuse Prevention and Control Act and it contains the list of drugs that are labeled as “controlled substances”.
If you or your loved one is charged with a drug crime, please use our bail bond calculator to determine the amount you’ll need to pay a bail bond agent to post bond on your behalf. The charges and penalties may differ in scope due to the type of drug in your possession, the amount of substance, your intent to sell, your criminal record, etc.
How much is bail for drug possession in Florida? In order to get a better understanding of your total bail amount, you’ll first need to understand the penalties, charges, and types of felonies that are punishable by law in the state of Florida.
Possession of Drugs
A person can be prosecuted for the possession of illegal drugs if:
- They are aware of the presence of the drug in their nearby surroundings.
- They know the nature of the drug.
- They have the intent to sell the drugs – this requires proof that the drugs will be used for distribution locally or regionally.
1) Possession of Cocaine
A person who is charged with cocaine possession can get up to 5 years in prison. However, the amount of the drug in your possession will determine the severity of the crime. If you’re caught with packed cocaine that gives out the image of selling it, the state of Florida might even get your driver’s license suspended and prohibit you from being eligible for a hardship license.
2) Possession of Marijuana
Marijuana is listed in the Schedule I controlled substance list and it’s considered a misdemeanor if the person has 20 grams of cannabis and a felony if it’s more than 20 grams. Cannabis budder, hashish oil, cannabis oil, wax, and other substances from this drug are prosecuted as distinct drug crimes.
3) Possession of Fentanyl
Pure fentanyl belongs to the Schedule II controlled substance category, and it’s considered a 3rd-degree felony if the person possesses less than 4 grams and a trafficking crime if it’s more than that.
4) Possession of Heroin
Heroin belongs to the Schedule I controlled substance category due to its high likelihood of abuse. Being caught in possession of more than 4 grams is considered drug trafficking.
5) Possession of Synthetic Drugs
Synthetic drugs are on the Schedule I controlled substance list and include bath salts, spices, K2, etc. The person will be charged with a felony if they possess more than 3 grams and for a misdemeanor if they are in possession of less than 3 grams.
What to do if You are Arrested for Drug Possession?
If you are arrested for drug possession, consider hiring a criminal defense attorney. A criminal defense attorney will work on your behalf to try and get the lowest total bail amount set by the judge.
Once a total bail amount has been set, work with a Florida based bail bond agent to help you get released from jail. The bail bondsman will post a bond on your behalf in exchange for a nonrefundable fee that is equal to 10% of the total bail amount set by the judge.
What are the Penalties?
The penalties for a drug crime in Florida can be charged as a 1st-degree misdemeanor, or even upgraded to a 1st-degree felony.
- 1st-degree misdemeanor is punishable by up to $1,000 in fines and up to 1 year in jail.
- 1st-degree felony is the most serious form of a felony in Florida and the penalties can be up to 30 years in jail and up to $10,000 in fines.
- 2nd-degree felony is known as a drug trafficking charge due to the intent of selling the drugs; the penalties for this category are up to 15 years of jail and up to $10,000 in fines.
- 3rd degree felony can result in a financial penalty of up to $5,000 in fines and 5 years in prison; third degree felonies are when the individual possesses controlled substances from the Schedule IV and Schedule V drug categories (more than 28 grams of cocaine, more than 20 grams of cannabis, more than 4 grams of heroin, more than 14 grams of meth or more than 7 grams of oxycodone without a prescription).
- The penalty for marijuana possession in Florida can be charged as a 1st-degree misdemeanor if the person possesses less than 20 grams of marijuana.
- The drug charges for a juvenile drug possession are treated as a 1st offense misdemeanor and the defendant will likely go to the juvenile court; the penalties might include attending a drug treatment program, paying court fines, doing community service, etc.
- Additional penalties might include a probation period, random drug testing, drug counseling, community service, or driver’s license suspension.
- Possession of drug paraphernalia can be punishable by up to 1 year in jail or $1,000 in fines.
To Conclude
Drug crimes in Florida might lead to a mandatory minimum sentence of 30 years in prison if the crime is rated as a 1st-degree felony. Local law enforcement works to dismantle and locate the narcotic organizations that are operating in the state.
And since the controlled substances are regulated by the government, both, state and federal, the accused person might end up prosecuted by the state or federal court. Your total bail amount for drug possession in Florida will depend many factors, but once you have a total bail amount set, consider working with a local bail bond agent to post bond on your behalf.