Possession of Synthetic Drugs

Synthetic drugs—including bath salts, K2, and spice—are Schedule I controlled substances in Florida, which means they are illegal to possess in any quantity or form. There is currently no accepted medical use for Schedule I drugs in the United States.

Possessing up to 3 grams of synthetic drugs is a misdemeanor in Florida. Possessing 3 or more grams of synthetic drugs is a felony.

Penalties for Possession of Synthetic Drugs (Under 3 Grams)

Possession of less than 3 grams of synthetic drugs is a first degree misdemeanor in Florida, punishable by up to:

• 1 year in jail,
• 1 year or probation,
• A $1,000 fine, and
• A 6-month driver’s license suspension

Penalties for Possession of Synthetic Drugs (3 Grams or More)

Possession of 3 grams or more of synthetic drugs is a third degree felony in Florida, punishable by up to:

• 5 years in prison,
• 5 years of probation,
• A $5,000 fine, and
• A 6-month driver’s license suspension

According to Florida's drug laws, being convicted for Possession of Synthetic Drugs will result in the DHSMV suspending your driver’s license or driving privileges for six months. Under Florida’s Criminal Punishment Code, possession of 3 grams or more of synthetic drugs is a level 3 crime. You can use our Florida Felony Sentencing Calculator to find out the mandatory minimum sentence for any felony synthetic drugs possession charge.

Fighting Possession of Synthetic Drugs in Florida

At Aaron Delgado & Associates, we are well-versed in the art of defending charges for possession of synthetic drugs. There are many possible defenses that your drug crime lawyer may be able to take, such as:

• Constructive Possession
• Illegal Search and Seizure
• Lack of Knowledge
• Overdose Defense
• Temporary Possession

Constructive Possession of Synthetic Drugs

If the synthetic drugs were found in an area that someone else was able to access, it would be considered “constructive” possession. With constructive possession, there is a burden of proof that must be met before you can be convicted of possession of synthetic drugs. The prosecutor has to prove that you had (1) knowledge of the synthetic drugs’ presence, and (2) dominion and control over the synthetic drugs.

Depending on your situation, your drug crime lawyer may be able to argue that the prosecutor failed to meet the burden of proof for constructive possession of synthetic drugs.

Illegal Search and Seizure

It’s not uncommon for law enforcement to coerce or illegally require a person to submit to a body, vehicle, and/or home search. If your drug attorney 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 of your person or property was obtained in bad faith.

Lack of Knowledge

If you are able to prove that you did not know you were in possession of synthetic drugs, you may be able to get out of the charge. However, you will need to testify to your lack of knowledge about the illegal nature of the substance.

Overdose Defense

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 illegal possession of synthetic drugs.

Temporary Possession

If you take possession of synthetic drugs for any length of time—without taking ownership, complete dominion, and control over the cannabis—you are not “in possession” of the synthetic drugs.

Temporary possession of synthetic drugs could happen if a person asked you to hide the substance for them during a police encounter; by temporarily holding the synthetic drugs in the presence of a drug dealer in order to test it before it was purchased; or even by passing the synthetic drugs from the owner to a third person.

Contact Drug Crime Lawyers Aaron Delgado & Associates

If you or a loved one have been charged with possession of synthetic drugs 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 your possession charge.