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Synthetic Drugs

Many formerly legal substances have been recently banned as “synthetic drugs.”  Laws have been passed by the state legislature, local governments have passed ordinances, and the Attorney General has issued executive orders targeting “synthetic drugs.”

With the laws constantly changing, many people are buying and selling substances unaware that these items are now banned as “synthetic drugs.”  Lack of knowledge of the law is not a defense to a charge for possessing synthetic drugs.

Gainesville Synthetic Drugs Defense Lawyer

Being charged with possession of synthetic drugs in Florida can be a harrowing, overwhelming experience.  The qualified synthetic drug defense lawyers of the Galigani Law Firm in Gainesville have approximately 50 years of combined legal experience and know what it takes to expose any weak links in the prosecution's case to help your situation. Dean Galigani is Board Certified for professionalism and expertise in Criminal Trial Law and is experienced in all areas of criminal defense, including charges of possessing synthetic drugs.

If you have been arrested and charged with possession of synthetic drugs in Alachua County, Gilchrist County, Columbia County, Baker County, Bradford County, Marion County, Levy County, or Union County, put the many years of experience and criminal defense specialization of the Galigani Law Firm on your case. Your first consultation concerning your Gainesville Synthetic Drugs case with Galigani Law Firm is free, so call (352) 375-0812 to schedule your appointment today.

Overview of Synthetic Drug Law

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Synthetic Drugs  in Florida

Florida is continually adding new drugs to the list of banned substances.  Synthetic drugs have repeatedly been targeted for crackdowns and new laws over the past few years.

For example, in June 2014, House Bill 697 banned six new synthetic drugs.  In addition, the Attorney General can issue executive orders temporarily banning new synthetic drugs.

Synthetic drugs are often sold as:

  • Bath salts;
  • Incense; or
  • Potpourri.

Synthetic drugs that you may be arrested for possessing include:

  • Flakka;
  • K2;
  • Spice;
  • Mr. Nice Guy;
  • Cloud Nine;
  • Scooby Snax;
  • ½ Baked Hulk; and
  • Purple Flake.

You may also be cited for violating local county or city ordinances targeting synthetic drugs, some of which target incense sold in certain forms and include many substances which are not synthetic drugs.

Many store owners and operators are unaware that some of the products they sell have been banned.  You could be charged with drug distribution for selling incense or other seemingly innocent products.

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Penalties for Possession of Synthetic Drugs

Penalties for possession of synthetic drugs depend on the amount you are found to be in possession of.

If the amount is under 3 grams, it is a first-degree misdemeanor, punishable by:

  • Up to a year in jail;
  • Up to $1,000 in fines;
  • Up to a year of probation; and
  • Driver's license suspension.

If the amount is under 3 grams, it is a third-degree felony, punishable by:

  • Up to five years in prison;
  • Up to $5,000 in fines;
  • Up to five years of probation; and
  • Driver's license suspension.

If you are accused of selling synthetic drugs, you can face charges of drug distribution, which carry very severe penalties.

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Defenses to Synthetic Drugs Charges

Depending on the circumstances, some defenses are available to you.  The police may have mishandled evidence or the amount of drugs you are accused of having may be wrong.  It may be possible to prevent evidence from being admitted in court against you if it was obtained without a proper search warrant or the police lacked probable cause to stop and search you. 

If the synthetic drugs are found in a place where multiple people have access, for example in the living room of a house you share with roommates, the prosecution must prove that you had knowledge of the presence of the synthetic drugs as well as dominion and control over them.

The prosecution must also prove that you knowingly possessed synthetic drugs.  For example, if you purchase a product you believe to be normal incense, and intend to use it as incense and not to get high off of, you should not be convicted of possession of synthetic drugs.  However, merely not knowing that the substance you possess has been banned is not a defense to a charge of possession of synthetic drugs.

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Galigani Law Firm | Synthetic Drugs Defense Attorney in Alachua County, Florida

If you have been charged with possession of synthetic drugs in Gainesville or the surrounding areas, including Alachua County, Ocala in Marion County, and Lake City in Columbia County, contact the experienced synthetic drug defense lawyers of the Galigani Law Firm. They will do whatever it takes to fight for a favorable outcome in your Gainesville synthetic drugs case. To schedule a free initial synthetic drugs case consultation with the Galigani Law Firm, call (352) 375-0812 today.

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Galigani Law Firm proudly serves Gainesville and surrounding areas of
North Central Florida.