Pure fentanyl is a Schedule II controlled substance in Florida, which is illegal to possess in any quantity. Possessing up to 4 grams of fentanyl is a third degree felony.
Fentanyl is a highly addictive drug that is not currently accepted as a lawful medical treatment in any way in either the State of Florida or the United States.
Alternate/Street Names for Fentanyl
Possessing 4 or more grams of fentanyl is considered trafficking, and will be prosecuted as Trafficking in Fentanyl. A trafficking charge does not require all 4 or more grams to be pure fentanyl; as long as the substance weighs more than 4 grams and contains some amount of fentanyl, you can be charged with trafficking fentanyl in Florida.
Possession of up to 4 grams of fentanyl is a third degree felony in Florida, punishable by up to:
According to Florida drug crime laws, a conviction of Possession of Fentanyl will result in driver’s license or driving privilege suspension for six months. Under Florida’s Criminal Punishment Code, possession of fentanyl is a level 3 crime. You can use our Florida Felony Sentencing Calculator to find out the mandatory minimum sentence for any felony fentanyl possession charge.
At Aaron Delgado & Associates, our drug crime lawyers are skilled at defending fentanyl possession charges. There are numerous possible defenses for fentanyl possession that we may be able to take, such as:
If the fentanyl was found somewhere that at least one other person could access, it would fall under the law of constructive possession. With constructive possession, the prosecutor must meet a burden of proof before you can be convicted of possession of fentanyl. The prosecutor has to prove that you had (1) knowledge of the fentanyl’s presence, and (2) dominion and control over the fentanyl.
There are numerous scenarios where our drug crime lawyers are able to argue that the prosecutor failed to meet the burden of proof for constructive possession of fentanyl in Florida.
Unfortunately, law enforcement may coerce or illegally require a person to submit to a body, vehicle, and/or home search. If your drug crime lawyer is able to prove that the evidence against you was obtained as a result of an illegal search and seizure, the court will suppress the evidence from the search.
You may also be able to suppress evidence if your initial arrest was done without probable cause or if an officer obtained a search warrant of your person or property in bad faith.
If your drug crime lawyer is able to prove that you did not know you were in possession of fentanyl, you may be able to get out of the charge. But before you can get out of the charge, you will need to testify to your lack of knowledge about the substance’s illegal nature.
You will be able to use the legal disposal defense for possession of fentanyl if the following items are true:
If you needed or were assisting someone who needed medical assistance for a drug-related overdose, and your lawyer can prove that the evidence against you was obtained as a result of that need, you will be immune from prosecution for a possession of fentanyl charge.
If you are briefly in possession of fentanyl—without taking ownership, complete dominion, and control over the cocaine—you are not legally “in possession” of it.
You might be temporarily in possession of fentanyl if another person asked you to hide it for them during a police encounter; if you temporarily held the fentanyl to test it prior to a drug dealer purchasing it; or even if you simply passed the fentanyl from the owner to another person.
If you or a loved one have been charged with possession of fentanyl in Daytona Beach or the surrounding areas, please do not hesitate to give us a call. Our drug crime attorneys are here for you 24/7, 365 days a year. Call us today at 386-222-6677 to schedule your free consultation with an experienced Daytona Beach drug attorney and find out how we may be able to help you fight a possession of fentanyl charge.