Although Florida’s medical marijuana laws have changed how certain marijuana offenses are treated, many drug possession and distribution charges remain aggressively prosecuted in Brevard County. While individuals lawfully using physician-prescribed medical marijuana are protected under Florida law, possession or use of non-prescribed marijuana, synthetic cannabinoids, opiates, amphetamines, and other controlled substances can still result in serious criminal penalties throughout Rockledge, Melbourne, Cocoa, Titusville, Palm Bay, and the Space Coast.
Learn More About the Law Below:
How Florida Prosecutes Drug Offenses
Florida prosecutes drug crimes under Chapter 893, Florida Statutes, encompassing offenses ranging from simple possession to trafficking and manufacture. In Brevard County, charges are initiated following law enforcement investigations that may include traffic stops, searches, controlled purchases, or execution of search warrants.
Cases are prosecuted by the State Attorney for the Eighteenth Judicial Circuit and proceed in county or circuit court depending on offense severity.
What the State Must Prove
The State bears the burden of proving each statutory element of the charged drug offense beyond a reasonable doubt. This typically includes proof that the substance is illegal under Chapter 893, that the defendant had knowledge of its presence and illicit nature, and that the defendant engaged in the conduct alleged, such as possession, sale, delivery, manufacture, or trafficking.
The specific elements vary by offense, and failure to prove any required element requires acquittal under Florida law.
How Charges Escalate
Drug charges escalate based on substance type, quantity, and alleged conduct rather than prior criminal history alone. Possession offenses may be enhanced to intent-based charges through circumstantial evidence, while larger quantities can trigger trafficking thresholds carrying mandatory minimum penalties.
In Brevard County, prosecutors routinely pursue enhanced charges when evidence suggests distribution activity or when statutory weight thresholds are met.
Procedural and Evidentiary Issues
Drug crime prosecutions frequently involve litigation over search and seizure under the Florida Constitution and the Florida Rules of Criminal Procedure. Issues such as unlawful detentions, invalid warrants, lack of probable cause, and improper consent searches may result in suppression of evidence.
Additional evidentiary concerns include chain of custody, forensic testing reliability, confidential informant credibility, and compliance with statutory and rule-based discovery obligations.
Penalty Exposure Under Florida Law
Penalty exposure depends on the charged offense, the controlled substance involved, and any applicable weight thresholds. Offenses range from first-degree misdemeanors, punishable by up to one year in jail, to first-degree felonies punishable by up to thirty years’ imprisonment.
Trafficking offenses under Chapter 893 carry mandatory minimum prison sentences and substantial fines that apply regardless of mitigating circumstances.
Collateral Consequences of Drug Convictions
Drug convictions carry consequences beyond incarceration and fines under Florida law. These may include driver’s license suspension, probation with mandatory drug testing, court-ordered treatment or evaluation, and forfeiture of property alleged to be connected to the offense.
Drug convictions may also affect professional licensing, housing eligibility, and sentencing exposure in future criminal cases.
Statutory Framework for Drug Crimes
Chapter 893 establishes the statutory framework for drug offenses in Florida and classifies controlled substances into Schedules I through V. The schedule designation, combined with the alleged conduct and quantity, determines offense level and penalty exposure.
Application of these statutes is highly fact-specific, and outcomes vary based on the evidence presented in each case.
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