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Drug Possession

Juveniles convicted of drug possession crimes have very damaging marks on their criminal records that can lead to lifetimes of hardships in matters concerning not only college admission but also employment and housing.

The good news for many alleged juvenile offenders is that the State of Florida has a variety of diversion programs that allow some minors to avoid convictions and possibly have criminal charges dismissed.

It is critical for any alleged juvenile offender to retain legal counsel who has significant experience navigating Florida's juvenile justice system.

Lawyer for Drug Possession Arrests in Gainesville, FL

If your child was arrested in north central Florida for alleged possession of a controlled substance, it is in your best interest to quickly seek legal representation. Galigani Law Firm aggressively defends clients in juvenile matters in Columbia County, Baker County, Bradford County, Union County, and several other surrounding areas of Gainesville.

Dean Galigani is an experienced criminal defense attorney in Gainesville with decades of experience. He can provide a complete evaluation of your case as soon as you call (352) 375-0812 to receive a free initial consultation.

Alachua County Drug Possession Information Center

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Gainesville Drug Possession Penalties

Under Florida Statute § 893.13(6), actual or constructive possession of a controlled substance, scheduled by this Statute is a third-degree felony punishable by up to five years in prison and a fine of up to $5,000.

Actual or constructive possession of a Schedule V controlled substance is a first-degree misdemeanor punishable by up to one year in jail and a fine of up to $1,000.

The amount that a minor alleged possesses is critical, because amounts that exceed certain limits can result in even more serious drug trafficking charges—felony offenses, many of which carry mandatory minimum sentences. Drug possession becomes drug trafficking when an alleged offender possesses any of the following amounts of the following controlled substances:

  • 14 grams or more of amphetamine, methamphetamine, any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine;
  • More than 25 pounds of cannabis or 300 or more cannabis plants;
  • 28 grams or more of cocaine, phencyclidine (PCP), or any mixture containing PCP;
  • 4 grams or more of flunitrazepam (Rohypnol or “roofies”), any mixture containing flunitrazepam, morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin;
  • 1 kilogram or more γ-Hydroxybutyric acid (gamma-hydroxybutyric acid or GHB);
  • 14 grams or more of hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof;
  • 1 gram or more of lysergic acid diethylamide (LSD);
  • 200 grams or more of methaqualone (Quaalude) or any mixture containing methaqualone; or
  • 7 grams or more of oxycodone, or any salt, derivative, isomer, or salt of an isomer thereof.

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Diversion Programs for Juvenile Drug Possession Offenses in Alachua County

Alleged offenders who are less than 18 years of age are charged with juvenile delinquency offenses, and a Juvenile Probation Officer (JPO) will make a recommendation to either go to the state attorney to formally charge and prosecute the minor or to permit the minor to enroll in a diversion program.

Diversion programs usually allow for juveniles to have criminal charges dismissed upon successfully completing all requirements, although juveniles and their parent or legal guardians must sign an agreement that waives the juvenile's right to a speedy trail.

When a juvenile is accused of a felony or the alleged offender is 18 years of age or older, the criminal charges may be filed in the adult court system. While the case is still subject to the normal penalties under § 893.13(6), some alleged offenders might be eligible for other adult drug diversion programs in Alachua County or another jurisdiction.

In some cases, alleged offenders may receive deferred adjudication that allows them to complete a number of court-ordered requirements—such as community service, random urinalysis, and/or drug counseling—before having criminal charges dismissed. Failure to complete any court requirements can result in an alleged offender being sentenced to the maximum penalty for the underlying offense.

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Florida Drug Possession Resources

CDS Family & Behavioral Health Services, Inc. — CDS Family & Behavioral Health Services, Inc. is a private 501(c)(3) non-profit social services agency that has provided services in North Central Florida for over 40 years. Visit this website to learn more about the agency's youth shelter, counseling, and prevention programs. You can also access annual reports going back to 2009.

CDS Family & Behavioral Health Services, Inc.
3615 SW 13th St. #4
Gainesville, FL 32608
(352) 244-0628

Florida Youth Substance Abuse Survey (FYSAS) | Florida Department of Children and Families — The Florida Youth Substance Abuse Survey is a collaborative effort between the Florida Department of Health, Department of Education, Department of Children and Families, Department of Juvenile Justice, and Department of the Governor's Office of Drug Control. On this website, you can view survey results for every year going back to 2000. All surveys are administered to a statewide sample of students.

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Galigani Law Firm | Gainesville Drug Possession Defense Attorney

Was your child arrested for allegedly possessing a controlled substance in north central Florida? Contact Galigani Law Firm for more information about how an experienced criminal defense attorney can help you.

Gainesville criminal defense lawyer Dean Galigani represents residents and visitors all over the greater Gainesville area, including communities in Marion County, Levy County, Gilchrist County, and Alachua County.

Call (352) 375-0812 or submit an online contact form to have our attorneys review your case and answer all of your legal questions during a free, confidential consultation.

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