Methamphetamine is a Schedule II controlled substance in Florida, which is illegal to possess in any quantity. Possessing up to 14 grams of meth is a third degree felony.
Schedule II substances can cause severe psychological and/or physical dependence, which is why they are considered to have a high risk for abuse and are only used sparingly in medical treatments.
Possessing 14 or more grams of meth is considered trafficking, and will be prosecuted as Trafficking in Methamphetamine. A trafficking charge does not require all the entire substance to be pure methamphetamine; as long as it weighs 14 grams or more and contains some amount of methamphetamine, you can be charged with trafficking meth in Florida.
Possession of up to 14 grams of methamphetamine is a third degree felony in Florida, punishable by up to:
At Aaron Delgado & Associates, our drug crime lawyers are experienced with defending possession of methamphetamine charges. There are many possible defenses for possession of meth that your drug crime lawyer may be able to take, such as:
If the methamphetamine was found in an area that at least one other person had access to, 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 methamphetamine. The prosecutor has to prove that you had (1) knowledge of the meth’s presence, and (2) dominion and control over the meth.
There are various scenarios where our drug attorneys are able to argue that the prosecutor failed to meet the burden of proof for constructive possession of methamphetamine in Florida.
Sometimes law enforcement officers may coerce or illegally require a person to submit to a search. If your drug crime lawyer is able to prove that the evidence against you was obtained illegally, the court will suppress the evidence.
You may also be able to suppress evidence if you were arrested without probable cause or if a search warrant was obtained in bad faith.
If you are able to prove that you did not know you were in possession of crystal meth, you may be able to get out of the possession charge. However, you will need to testify about your lack of knowledge regarding the illegal nature of the substance.
You will be able to use the legal disposal defense if the following are true:
If you needed medical assistance for a drug-related overdose or were assisting someone who needed such medical assistance, and your attorney can prove that the evidence against you was obtained as a result of that need for medical assistance, you will be immune from prosecution for a possession of methamphetamine charge.
If you are able to prove that you had a valid prescription for methamphetamine before your arrest, or that you are authorized by a valid prescription holder to hold their medication(s) on their behalf, then you have an absolute defense against the possession of methamphetamine charge.
If you take possession of methamphetamine for any amount of time—without taking ownership, complete dominion, and control over the methamphetamine—you are not legally “in possession” of the methamphetamine.
You might be temporarily in possession of methamphetamine if another person asked you to hide the methamphetamine for them during a police encounter; if you temporarily held the methamphetamine to test it prior to a drug dealer purchasing it; or even if you passed the methamphetamine from the owner to a third party.
If you or a loved one have been charged with possession of methamphetamine 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 crime lawyer and find out how we may be able to help you fight a charge for possession of meth.