Drug Lawyers Melbourne, FL

Possessing marijuana in Florida falls under § 893.13. This categorizes cannabis as a controlled substance. Florida drug laws ban recreational cannabis. Only patients who register for Medical Marijuana Use can legally obtain cannabis through licensed Medical Marijuana Centers. The state’s Office of Medical Marijuana Use regulates patient eligibility, dispensary licensing, and compliance standards. Federal law, through the Controlled Substances Act, still prohibits use, which means federal restrictions apply even when patients qualify for Florida’s medical program. If you’re facing drug charges for marijuana, contact a drug crime defense attorney in Melbourne, FL, to explore your available legal options.

Florida Statutes § 893.13 makes it illegal to sell, manufacture, or possess crack and cocaine. State criminal law categorizes both as Schedule II substances. This means there’s a high potential for abuse, but some limited accepted medical use for cocaine in controlled medical settings. The state builds these cases by proving drug possession, distribution, or trafficking under state and federal standards. If you’re dealing with drug crime charges in Melbourne, FL, contact a criminal defense attorney from our law firm for immediate legal counsel.

Methamphetamine is a Schedule II drug with high abuse potential. The states’ cases are built by proving knowledge of the drug’s presence and control over it. The prosecution’s evidence is typically obtained during searches and seizures. The DEA’s methamphetamine guidelines outline classification, risks, and restrictions at the country level. If you are facing meth charges in Brevard County, contact a Melbourne drug lawyer for skilled legal representation.

MDMA is a common drug offense in Brevard County. It’s also known as Ecstasy or Molly. For drug possession charges, prosecutors must prove that you knew the illicit drug was there and that you had control over it. For this drug-related offense, our Melbourne drug crime defense lawyers can dispute your knowledge of the type of drug involved. Criminal defense strategies often rely on challenging police procedure, since evidence obtained through illegal searches may be excluded under criminal laws involving procedures in Florida. The U.S. Drug Scheduling system provides national drug use data. If you are facing MDMA charges in Brevard County, contact an experienced drug crime attorney in Melbourne, FL, for knowledgeable legal counsel.

Controlled substances are grouped by schedule classes based on medical use and potential for abuse. Possession of a controlled substance means prosecutors must prove you knew the controlled substance was present and had access or control over it under § 893.13. Additionally, the Controlled Substances Act keeps marijuana, cocaine, opioids, and other drugs under federal oversight. This creates oversight overlaps. The Florida Department of Health oversees medical use regulations, particularly when medical use intersects with state drug laws. If you’re facing criminal charges for possession of a controlled substance in Brevard County, you need legal representation that understands how Florida courts handle these serious drug charges. Contact a Melbourne drug crime lawyer to understand potential penalties and the best possible outcome.

Florida state law § 893.13 prohibits possessing, selling, or obtaining prescription drugs without proper authorization. The state classifies certain prescribed medications as controlled substances under § 893.03. The prosecution’s case is built by proving that the drug involved falls within a controlled category, that the individual knew it was present, and that the individual possessed or controlled it without being prescribed that type of drug. The Prescription Drug Monitoring Program tracks controlled prescription drugs to prevent misuse. If you are facing prescription drug charges in Melbourne, FL, contact a skilled defense attorney from our law firm for skilled legal counsel.

Florida handles drug trafficking and distribution under § 893.135. This makes drug possession of certain controlled substances above specific weight thresholds a drug crime. Even if the accused didn’t have the intent to sell, they can still face criminal charges. So, even if you didn’t plan to distribute illegal drugs, crossing weight thresholds will trigger drug trafficking charges in Brevard County. Common defense strategies focus on this threshold and whether procedural errors occurred. Our experienced drug crime lawyers in Melbourne, FL, can challenge evidence as to how the controlled substance was measured, whether it was contaminated, or argue constructive possession. The Bureau of Justice Statistics offers insight into how drug trafficking cases are investigated and prosecuted in Florida. If you’re facing drug trafficking or distribution charges, contact a Melbourne drug trafficking attorney for a free consultation and immediate legal representation.

Many chemicals on the federal precursor chemical list are common items. So, to convict on a manufacturing charge under § 893.149, prosecutors must prove intent for use or to produce controlled substances, not just possession of chemicals or equipment. This differs from drug possession cases because intent is critical here. That intent is where defense strategy begins. Our Melbourne drug crime defense attorney team can challenge whether law enforcement had probable cause to seize those items, whether they conducted unreasonable searches, and whether the National Forensic Laboratory Information System classifications actually demonstrate intent to manufacture. By scrutinizing search warrants, the handling of evidence, and the investigator’s assumptions, our criminal defense lawyers can work to defend clients and create openings for reduced charges or dismissal. If you’re facing drug manufacturing charges in Brevard County, contact a drug crime defense attorney in Melbourne, FL, for a free consultation.

Florida criminal law § 893.147 makes it unlawful to use, possess, or advertise items intended for preparing, storing, or consuming controlled substances. This can include pipes, syringes, scales, or household objects, depending on how the state claims they were used. Your drug crime lawyer in Melbourne, FL, can dispute the drug crime charges by showing there’s insufficient evidence to prove you intended to use the items for illegal drug use. Florida Statutes § 893.145 explains what’s considered paraphernalia. The Uniform Crime Reporting Program provides relevant information on how often paraphernalia charges appear in arrests across the state. Also, 21 U.S. Code § 863 prohibits the sale or shipment of paraphernalia in interstate commerce.

If you are facing drug paraphernalia charges in Melbourne, consult a drug offense lawyer for a free consultation.

Drug-related DUI charges are not limited to illegal drugs. Charges can arise from several classes under Florida criminal law § 316.193.

Marijuana DUI: The state doesn’t have a TCH limit, like the BAC standard for alcohol. These criminal cases rely on police observation, field sobriety tests, and toxicology reports. Our criminal defense attorneys can focus on questioning the connection between results and actual impairment.

Prescription DUI: It doesn’t matter if you are prescribed a medication. If a medication, like Xanax, impairs “normal faculties,” you can face serious charges.

Stimulant DUI: These commonly involve cocaine, meth, or prescribed stimulants, like Adderall. After arrest, law enforcement may request blood or urine testing, and results are analyzed in accordance with state laboratory regulations. Our criminal defense attorneys can challenge whether the levels caused impairment or whether procedures followed standards.

Opioid DUI: Medical use complicates these drug crime cases, since even prescribed opioids can result in drug charges. Our Melbourne drug crime defense lawyers can question actual impairment and how testing samples were collected and handled.

Poly-Drug DUI Cases: These involve more than one substance, like alcohol combined with stimulants or opioids, for example. In these criminal cases , prosecutors must show the combined effect of impaired driving. The NHTSA reports on the increased crash risks. However, Florida courts require proof of impairment. Under Florida forensics laws, toxicology lab professionals must document and interpret results carefully. This allows for defense challenges on accuracy and interpretation.

The type of charge depends on the facts of the case. Here’s how it breaks down:

• First-time offense: charged as a misdemeanor DUI
• Second or Third offense DUI: Felony drug charges only apply when there are aggravating factors
• Fourth or subsequent DUI: felony charges apply

If you are facing a drug-related DUI charge in Melbourne, FL, consult a drug crime defense attorney from our law firm for a free consultation.