Florida Drug Laws

Florida Drug Laws

Legal Summary Use and Possession of Marijuana

Legal Sanctions

Note: Use and possession of marijuana is prohibited by federal law and therefore not permitted on campus. In addition to being a federal offense under the Controlled Substances Act, the use of medical marijuana in the workplace and on campus is restricted by federal laws, such as the federal Drug-Free Workplace Act and the federal Drug-Free Schools and Communities Act. Those federal laws require our institution to prohibit the use and possession of marijuana on

campus.

Convictions on drug-related charges also may result in disqualification for federal financial aid.

Drug Schedules

Penalties

"Controlled substance" means any substance named or described in Schedules I-V.

Penalties under federal law for drug trafficking are generally greater than penalties under state law.

Schedule I: Drugs with no currently accepted medical use and a high potential for abuse, such as heroin, psilocybin, LSD, synthetic cannabinoids, MDMA.

Schedule II: Drugs with a high potential for abuse, with use potentially leading to severe dependence, such as codeine, cocaine, methamphetamines.

Schedule III: Drugs with a moderate to low potential for physical and psychological dependence such as small doses of Schedule I and II drugs, ketamine, anabolic steroids, testosterone.

Schedule IV: Drugs with a low potential for abuse and low risk of dependence, such as Xanax, Darvocet, Valium, Ativan, Ambien.

Schedule V: Drugs with lower potential for abuse, such as very small amounts of medical-related drugs, such as morphine and codeine.

Legal Summary Possession of Controlled Substances

Penalties

Legal Sanctions

It is illegal to possess a controlled substance without a valid prescription.

Felony of the third degree punishable by a fine of up to $5,000 and imprisonment for up to 5 years.

Exceptions:

Emergency Assistance Immunity

? Possession of less than 20 grams of marijuana is a misdemeanor of the first degree, punishable by imprisonment of up to one year and a fine of $1,000, or both

? Possession of 10 grams or more of most Schedule I and II drugs is a felony of the first degree, punishable by a fine of up to $10,000 and imprisonment for up to 30 years

? Possession of a Schedule V drug is a misdemeanor of the second degree, punishable by a fine up to $500 and imprisonment for up to 6 days

A person will not be charged or prosecuted for possession if they seek medical assistance in good faith for an individual, or for themselves, experiencing a drug-related overdose.

Illegal Prescriptions

Penalties

It is illegal to give false information or omit information to obtain prescription drugs that are not medically necessary.

Felony of the third degree punishable by a fine of up to $5,000 and imprisonment for up to 5 years.

Particularly, it's illegal to:

? Possess a prescription form, unless signed by a medical practitioner for the person

? Withhold information from a medical practitioner to obtain a controlled substance that they already obtained from another practitioner within the previous 30 days

? Acquire or attempt to acquire a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge

? Affix a false or forged label to a bottle containing a controlled substance

Legal Summary Dealing Controlled Substances

Penalties

Legal Sanctions

It is illegal to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.

It is also illegal to involve or sell to a person under 18. This is a separate offense.

Dealing Schedule I and II drugs is generally a felony of the first degree, punishable by a fine of up to $10,000 and imprisonment for up to 30 years.

Dealing Schedule III and IV drugs, and small amounts of Schedule I and II drugs is a felony of the second degree, punishable by a fine of up to $10,000 and imprisonment for up to 15 years.

Purchasing Controlled Substances

All other drugs, $500 fine and up to 100 hours of public service.

Penalties

It is illegal to purchase, or possess with intent to purchase, a controlled substance.

It is also illegal to bring into Florida controlled substances unless officially authorized. This is a separate offense.

Purchasing or transporting Schedule I and II drugs is generally a felony of the second degree, punishable by a fine of up to $10,000 and imprisonment for up to 15 years.

Purchasing or transporting Schedule III and IV drugs, and small amounts of Schedule I and II drugs is a felony of the third degree, punishable by a fine of up to $5,000 and imprisonment for up to 5 years.

Purchasing or transporting 10 grams or more of heroin is a felony of the first degree, punishable by a fine of up to $10,000 and imprisonment for up to 30 years.

All other drugs, a misdemeanor of the first degree, punishable by imprisonment for up to one year and a fine of up to $1,000.

Legal Summary Trafficking Controlled Substances

Penalties

Legal Sanctions

It is illegal to traffic in controlled substances, which means to do anything with them in large amounts.

Trafficking (distributing specified large quantities of various controlled substances) is punishable by a term of imprisonment up to life and a fine of $25,000 to $500,000, depending on the particular illicit drug and the quantity involved.

Thus, possession of fewer than 28 grams of cocaine is a felony of the third-degree, while possession of more than 28 grams of cocaine is trafficking in cocaine and a felony of the first degree, punishable by a fine of up to $50,000 and imprisonment for 3-30 years.

Possessing 25 pounds or more of cannabis, or 300 or more cannabis plants, is a felony of the first degree, punishable by a fine of $25,000 and imprisonment of 3-30 years.

Additionally, it's a felony of the first degree, punishable by a fine of $50,000 and imprisonment of 3-30 years, to possess:

? 28 grams of cocaine ? 4 grams of morphine or heroin ? 14 - 28 grams hydrocodone ? 7 - 14 grams oxycodone ? 4 - 14 grams fentanyl

Legal Summary Drug Paraphernalia

Penalties

Legal Sanctions

It is illegal to:

(1) Use, or to possess with intent to use, drug paraphernalia to handle or ingest a controlled substance.

(1) Misdemeanor of the first degree, punishable by imprisonment for up to one year and a fine of up to $1,000.

(2) Deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia

(3) Deliver drug paraphernalia to someone under 18

(2) Felony of the third degree, punishable by a fine up to $5,000 and imprisonment for up to 5 years.

(3) Felony of the second degree, punishable by a fine of up to $10,000 and imprisonment for up to 15 years.

(4) Advertise drug paraphernalia in publications to promote illegal use.

The term "drug paraphernalia" means all equipment used, intended for use, or designed for use in handling or ingesting controlled substances.

(4) Misdemeanor of the first degree, punishable by imprisonment for up to one year and a fine of up to $1,000.

Huffing

Penalties

It is illegal to:

? Inhale, ingest, or to possess with intent, any substance (for example, acetone) to induce a condition of intoxication or distort or auditory, visual, or mental processes. Also known as huffing

? Possess, buy, sell, or transfer any chemical substance to get someone else high by huffing

Misdemeanor of the second degree, punishable by imprisonment up to 60 days, and/or a $500 fine.

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