Being charged with a drug crime in Wellington is a serious matter because Florida’s narcotics laws are strictly enforced. A conviction for a serious drug crime will jeopardize your freedom and finances, while even a lesser offense can result in jail time. Moreover, having a permanent criminal record as a drug offender will damage your reputation and interfere with future employment opportunities. With so much at stake, it is crucial to have an experienced Wellington criminal defense attorney on your side.
Herman Law, P.A. is a premier criminal defense practice serving clients in Wellington and throughout South Florida. Well-versed in both the state and federal narcotics laws, we have a proven track record of successfully defending clients against a wide range of drug crimes. Whether you have been charged with a relatively minor marijuana possession offense or a more serious drug trafficking crime, it is imperative to have powerful legal representation. When you become our client, you can rest assured we will fight to protect your freedom.
Common Wellington Drug Crimes
Our legal team has experience handling drug crimes such as:
- Possession — charges are determined by the amount of drug possessed and the drug classification (e.g. dangerous or nondangerous narcotics)
- Distribution — selling, distributing, or conspiring to sell or distribute illegal narcotics
- Manufacturing — includes the manufacture of controlled substances such as crack cocaine and methamphetamines, marijuana cultivation, or possessing materials to manufacture illegal drugs
- Trafficking — selling, purchasing, manufacturing, delivering, possessing or transporting a controlled substance in amounts above statutory limits
Additionally, the ongoing opioid crisis has led to an increase in prescription fraud, which involves using fake or forged prescriptions to obtain prescription medication or attempting to fill legitimate prescriptions at multiple pharmacies.
Drug Crime Penalties in Wellington
The penalties for drug crimes depend on the nature of the offense (possession as opposed to trafficking), the quantity involved, and the drug’s classification. Florida law follows the federal classifications that divide illegal narcotics into the following 5 schedules which are based on the drug’s known medical use and its potential to be abused:
- Schedule I — Drugs with no known medicinal use that are likely to be abused, such as heroin, psilocybin (mushrooms), fentanyl, ecstasy (MDMA), peyote, mescaline, lysergic acid diethylamide (LSD)
- Schedule II — Drugs with some accepted medical use, but that are also likely to be abused, such as codeine, hydrocodone, morphine, oxycodone, oxycontin, opium, methamphetamine, cocaine and methadone
- Schedule III – Drugs with some accepted medical purpose that pose only a “moderate” risk of abuse, such as barbiturates, anabolic steroids, or medicine containing small amounts of codeine.
- Schedule IV – Prescription anti-anxiety drugs (e.g. Xanax, Valium, Ambien)
- Schedule V – Substances that contain limited quantities of narcotics, or one or more non-narcotic active medical ingredient, typically found in over-the-counter medicines, cough syrups and cold medications
As an example, possession of more than 10 grams of a Schedule 1 drug is considered a first-degree felony, punishable by up to 30 years in prison and a fine up to $10,000. Possession of any other controlled dangerous substance is a third-degree felony, which could lead to five years in prison and a fine up to $5,000. A drug trafficking charge, by contrast, can result in penalties ranging from a minimum of 3 years in prison to life without parole.
Marijuana Possession in Wellington
While the use of medical marijuana is currently permitted in Florida, marijuana is still considered a Schedule I drug under federal law, which makes recreational marijuana use a crime. In particular, marijuana possession of 20 grams or less, or the possession of drug paraphernalia (e.g. pipes, grinders, vapes) is considered a misdemeanor, punishable by up to 1 year in prison and a fine up to $1,000. On the other hand, possession of more than 20 grams of marijuna is considered a felony. Possession of marijuana plants is also unlawful, and the penalties are based on the number of plants involved. Additionally, possessing marijuana within 1,000 feet of a school or park will result in enhanced penalties. Finally, possessing 25 or more pounds of marijuana may result in a drug trafficking charge.
Call Our Wellington Drug Crimes Attorney
At Herman Law, P.A., we have a proven history of defending clients against all types of drug crimes including marijuana possession, possession with intent to sell, the possession, use, manufacture or distribution of controlled substances, and prescription fraud. Above all we will work to achieve the best possible outcome of your case.
If you have been charged with marijuana possession, for example, we may be able to show that you did not knowingly possess the drug. At the same time, we have also handled drug possession cases that involved illegal searches and seizures and other constitutional violations by law enforcement (e.g. failing to recite the Miranda warnings). In such cases, it may be possible to file a motion to suppress the evidence, which may result in the charges being dismissed.
While we are committed to winning an acquittal, we will carefully weigh the strength of the evidence against you and may seek to have the charges and penalties reduced. If you have been charged with a drug crime in Wellington, turn to Herman Law, the experienced choice in criminal defense. Contact us today!