Xanax Possession - Aaron Delgado & Associates

Xanax Possession Lawyers

In the state of Florida, Xanax (Alprazolam) is a Schedule IV controlled substance. Possession of any amount of Xanax without a prescription is considered a Third Degree felony and carries with it the potential for substantial fines and jail time.

By nature of its Schedule IV controlled substance designation, Xanax is legally considered to have a low abuse potential, and is accepted currently for medical use both nationally and in Florida.

Alternate/Street Names for Xanax

  • Bars,
  • Footballs,
  • Hulk,
  • Ladders
  • Xanies
  • Z-bars

Xanax Possession Penalties

The crime of Possession of Xanax, in Florida, is a Third Degree Felony and punishments include up to five years in prison, five years of probation, and a $5,000 fine.

The possession of Xanax has been designated a Level 3 offense severity ranking based on Florida’s Criminal Punishment Code. It is possible that a judge might sentence someone found guity of Xanax Possession to only probation, but it's also possible that they will impose a sentence of up to five years in prison, the statutory maximum.

Suspension of Driver's License

In accordance with Florida Statute 322.055, anyone convicted of Xanax Possession will have their driver’s license suspended for six months by the Florida DHSMV.

Xanax Possession Defenses

Constructive Possession
If the police discovered the Xanax in a spot where mltiple people had access, the prosecutor would have to follow the law of "constructive possession," which mandates that the prosecutor prove the following two components before someone can be convicted of Possession of Xanax:

  1. Knowledge of the Xanax’s presence; and
  2. Dominion and control over the Xanax

Illegal Search and Seizure
In many instances, police go beyond the scope of their authority and make people submit to vehicular, home, or body searches; or coerce a person into agreeing to a search. If it can be proven that either instance occurred, the judge will suppress the resulting evidence, since it was obtained illegally.

If the police obtain a search warrant in bad faith, or arrest you without probable cause, these may also constitute reasons for a judge to supress evidence.

Lack of Knowledge
Even if you had Xanax in your possession, if you can prove that you did not know it was Xanax, this can be used as an affirmative defense in a Xanax Possession case. You will be required to testify to your lack of knowledge of the substance’s illegality.

Overdose Defense
Anyone who is experiencing a drug overdose and needs medical intervention, or any person helping the person that needs medical assistance, cannot be prosecuted for Possession of Xanax, if it can be proven that the evidence was obtained as a result of the overdose and need for medical care.

Temporary Possession
The defense of temporary possession can be utilized when a person takes momentary, temporary, or transitory possession of Xanax from the actual owner. In this event, the person is not considered to be in legal possession because the person never exercised complete dominion and control over the pills.

If you or someone you know has been arrested for Xanax possession and needs legal assistance, please call us at 386-222-6677 so we can promptly begin defending your case.

Free Consultation Start Your Case Online