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Can you go to prison for drug possession in Florida?

After a drug possession arrest in Florida, you likely have concerns about potential prison time. While misdemeanor drug offenses may carry up to a year in jail, you could receive a prison sentence for a felony offense.

Review the possible penalties for felony drug possession in Florida if you or a loved one faces this type of charge.

Third-degree felony drug charges

You could receive a third-degree felony for possession of up to 10 grams of MDMA, 1 gram of LSD, 4 grams of heroin or 28 grams of cocaine. If convicted, this crime carries up to five years in prison followed by five years of probation. You may also have to pay a fine of up to $5,000, attend substance use disorder treatment, complete community service and forfeit your driving privileges.

First-degree felony drug charges

If you had more than the maximum amount for third-degree felony drug charges, the state can charge you with a first-degree felony. You could receive 30 years of prison followed by 30 years probation along with a fine of up to $30,000.

The court can pursue charges of possession with intent to distribute based on the amount of the drug in question. Drug trafficking has a mandatory minimum three-year prison sentence in Florida and may receive federal prosecution.

Depending on the circumstances of your case, you may qualify for probationary programs such as drug court that can potentially help you avoid prison time with treatment for addiction issues. You also have the right to defend yourself against drug possession charges in court.