New Port Richey Drug Crimes Attorney
Defend Your Interests with the Help of Musca Law
If you have been arrested in New Port Richey for a drug crime, it is essential that you receive legal representation as soon as possible. The state of Florida has very strict and severe penalties and consequences for anyone that is convicted of such crimes. It does not matter if an individual is selling the drugs, possesses them, or is trafficking them… All of these are considered a crime and taken very seriously by the state. You can be prosecuted at both the state and at a federal levels for such crimes.
If you are convicted of a drug crime, your future will be highly impacted. In order to avoid this, you will need a strong defense with an aggressive attorney. Your lawyer should fight for your rights and be dedicated to your case. At Musca Law Firm, we will stand by you 100%. We collaborate with our colleagues to devise a plan of action so that our clients can have the best possible outcome.
Types of Drug Crimes
There are various types of drug crimes in the state of Florida. Depending on the nature of the crime, the incident will result in either a misdemeanor or a felony. Each drug crime will be subject to a series of penalties with varying degrees. The most common types of drug crimes include:
- Possession of a controlled substance
- Selling a controlled substance
- Manufacturing a controlled substance
- Trafficking any controlled substance
- Possession of a controlled substance with the intent to either manufacture, sell, or distribute it
- Delivering a controlled substance
- Prescribing a controlled substance falsely
- Obtaining a controlled substance falsely or illegally
Drug crimes will be categorized as to where they happened. There are steep fines and prison sentences for any drug crime conviction.
A controlled substance is defined as a medication that can cause dependency upon them. They have a detrimental effect on the wellbeing of a person. Doctors do have restrictions on how much they are allowed to prescribe at one time. Manufacturing, distribution, possession, and any use of controlled substances are regulated by the DEA (drug enforcement administration).
Controlled substances are broken down into five schedules or categories. When law determines which category to place the substance in, they consider three different aspects.
Schedules of Controlled Substances
Schedule I- These controlled substances are the most dangerous kinds of drugs with minimal medical purposes. These drugs have the potential for dependency and abuse. Medical providers will have to check a database before giving a prescription of these drugs to anyone. Examples of schedule I drugs include:
- Does the drug have a medical purpose?
- What is the abuse potential on the drug?
- What is the likelihood that the drug will cause dependence?
Schedule II- These drugs have a high potential for abuse. They have been used medically but are severely restricted. Opioids are not able to have a refill listed on them. They are also subject to three and seven-day prescription limits. Examples of these include:
- Lysergic acid diethylamide (LSD)
- Hallucinogenic mushrooms (Psilocybin)
Schedule III- These drugs are accepted in the medical community, but still have a potential for abuse. Some of these, such as the steroids, could lead to physical damage to the body. Examples of these include:
Schedule IV- These controlled drugs have a lower tendency to be abused and are used to treat different ailments in the United States. Examples of these include:
- buprenorphine (Suboxone)
Schedule V- These controlled drugs have a very low tendency to be abused. They are used in the medical community on a regular basis, but abuse could lead to physical and psychological dependence. Examples of these include:
- Xanax (alprazolam)
- Valium (diazepam)
- Klonopin (clonazepam)
- Ativan (lorazepam)
- Halcion (triazolam)
Any drug that has been prescribed by a doctor for a controlled substance must be written out on a counterfeit-proof pad that has been sold by an approved vendor. It may also be prescribed electronically in some cases. The definition of prescribing a drug is an order for any drugs or medical supplies that are written, signed, or transmitted by word of mouth by a licensed practitioner. These are issued in good faith with the intention that the patient will use them as intended.
If a pharmacist has received a prescription that is fraudulent, he or she is required to contact the law within 24 hours of learning that the prescription was fraudulent.
Possessing and Attempting to Sell Drugs in New Port Richey
Any drugs that are toxic, harmful, recently on the market, or habit-forming are not allowed to be possessed by an individual with the intent to sell. Anyone that violates this will be subject to a second-degree misdemeanor. Those that are exempt from this include:
Possessing Controlled Substances and Attempting to Sell Them in New Port Richey
In the state of Florida, it is unlawful to possess a controlled substance, as is selling this substance. Those who violate this law will be subject to:
Definition of “Imitation Controlled Substances”
Any counterfeit controlled substance that is intended to be sold is unlawful in the state of Florida. Those individuals who try to manufacture or sell any controlled substance listed under Chapter 893.03 (1-4) will face charges of a felony in the third degree, while persons who try to manufacture or sell drugs included in Chapter 893.03 (5) will be penalized with a misdemeanor in the second degree
Imitation controlled substances can be defined as capsules, tablets, pills, or any other substance that is not listed on the controlled substances listed in Chapter 893.03. If a person attempts to sell in this manner, they will be charged with a third-degree felony. To be an imitation controlled substance, they will not only have a great chance for abuse, but they will also:
Assessment of a Credible Drug Crime Case on the Grounds of “Intent to Sell”
Members of a criminal jury will need to prove without any doubt that:
Understanding the Language for Drug Crimes on the Grounds of “Intent to Sell”
Selling refers to the delivery of a controlled substance or product to another individual in exchange for money or guaranteed expenses.
Manufacturing is defined as the process in which the controlled substance is grown, harvested, cultivated, or produced.
Assessment of a Credible Drug Crime Case on the Grounds of Drug Possession
Members of a court must prove the following in order to have a credible drug crime case on the grounds of drug possession:
Assessment of a Credible Drug Crime Case on the Grounds of Obtaining a Controlled Substance by Means of Fraudulent Activity
Members of a court must prove the following in order to have a credible drug crime case on the grounds of obtaining a controlled substance by means of fraudulent activity:
Defenses in a Drug Crime Case for “Drug Possession” and “Intent to Sell”
Defenses that can be used in a drug crime case for drug possession could be that the defendant was not in actual proximity of the controlled substance. An individual could be close to a drug but still not attempt to seize control of it. However, if two individuals (the defendant and another person) know about the drug, the court recognizes this as a form of joint possession.
Also, if the court is unable to identify the said controlled substance, the defendant can use this defense to his or her advantage.
An individual that is rendering aid to a person who is suffering a drug overdose will not be prosecuted for possession of drugs.
Penalties for Committing a Drug Crime in New Port Richey
Under Florida law, those that commit a drug crime will be harshly punished. Dependent on what schedule the drug was will determine what the penalties are.
Resources for Cases Involving Drug Crimes in New Port Richey the State of Florida
If you are interested in learning more about drug crime cases resources, consider looking at the following publications:
Receive Legal Representation from a New Port Richey Drug Crimes Attorney from Musca Law!
Our New Port Richey attorneys want to keep your record clear from all drug crimes. We have successfully represented numerous drug crime cases in court. Our goal is to find the most favorable outcome you are looking for. During the entire legal process, our law firm will ensure that all of your rights are upheld. Our attorneys will review your arrest for the drug crime to make sure your constitutional rights were not violated. We will also determine if you are eligible for a diversion program. Call us today at (727) 480-9675 to schedule a free, no-obligation consultation with one of our experienced criminal defense lawyers.
- Tylenol with Codeine
- Centussin DHC (drompheniramine/dihydrocodeine/phenylephrine)
- Robitussin (guaifenesin)
- M-phen (codeine/phenylephrine/promethazine)
- Poly-Tussin AC (brompheniramine, codeine, and phenylephrine)
- Lomotil (Diphenoxylate/Atropine)
- Lyrica (pregabalin)
- Medical professionals, such as doctors, who control these substances as part of their daily work
- Agency employees that deal with drugs as a part of their work
- Individuals that have a prescription from a doctor who is licensed to prescribe them
- A third-degree felony if they are found to be guilty of possessing or selling of drugs listed under Chapter 893.03 (1), (2), (3), or (4)
- A second-degree misdemeanor will be given if they are found to be guilty of possessing of selling of drugs listed under Chapter 893.03 (5)
- Potentially be mistaken for a controlled substance due to its color, size, shape, markings, or packaging.
- Have been advertised as a controlled substance but does not yield the same effects.
- The controlled substance was identified successfully
- The defendant purchased, sold, delivered, manufactured, harvested, produced, or intended to sell a specific controlled substance.
- The defendant knew he or she was in possession of the controlled substance.
- If cannabis (under 20 pounds) was being delivered by the defendant, the court must prove the offender was trafficking a specific amount.
- The defendant was in actual possession of the said controlled substance
- The controlled substance was identified properly
- The amount of cannabis is more than 20 grams (if it is a cannabis charge)
- The defendant was aware that they were in possession of drugs
- The defendant exercised both possession and control of the substance
- The controlled substance/drug was identified properly
- Deception or fraudulent activity were used by the defendant to obtain the controlled substance
- The defendant made an attempt to acquire the controlled substance
- A person that committed a drug crime with a schedule I drug for possession is looking at up to five years in prison. However, there are certain controlled substances in this category that can result in up to fifteen years in prison. If you have been convicted of trafficking schedule I drugs, you will be subject to up to thirty years in prison, serving a minimum of three years.
- An individual that has committed a drug crime with a schedule II drug will receive between five to fifteen years in prison. This crime is considered a second or third-degree felony. However, if you are found to be within 1,000 feet of a school, college, daycare, park, or other public places, the charge will be upgraded to a first-degree felony.
- A person that committed a schedule III drug crime will receive five to fifteen years of prison time, which will be based on the drug amount they were in possession of.
- Those that have a schedule IV drug without a valid prescription could face up to five years of prison time. Many of these drugs are used for depression and anxiety.
- Anyone found in possession of a schedule V drug will result in jail time up to one year if a valid prescription is not in possession of the person using them.
- FS Chapter 499.03 – Sale and Possession of Drugs
- FS Chapter 831.31 – Counterfeit substances
- DEA Gallery- For more information about specific drugs, including what they look like.
- FS Chapter 893.03 - DRUG ABUSE PREVENTION AND CONTROL and Controlled Drug Schedule
- Florida State University Drug and Law Policy: Federal Acts And Case Law
- Taking Control of Controlled Substances
- Requirements for a written prescription