The Law in Plain English -
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Top Meth Possession Defense Attorney Jason Cromey, Esq. on:
Possession of Methamphetamine: F.S. 893.13
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Possession of Methamphetamine (meth) -- Methamphetamine, or meth, is a popular drug these days, and has seen a serious increase in use around this area. It is easily made using ingredients from Walmart and instructions on the internet. While it may be easy to make, it’s also incredibly dangerous and it’s easily to blow yourself up trying to make it.
There have been several large undercover operations in our area over the past few years, combining the resources of the local sheriff departments, local prosecutors, the DEA, and federal prosecutors. Like the possession of other controlled substances, Section 893.13, Florida Statutes, makes possession of meth a third-degree felony carrying a maximum punishment of 5 years in the Florida prison system – serious business.
Under Florida law there are two types of possession: actual possession and constructive possession. Actual possession means the person is aware of the presence of the substance and that it is either:
- in the hand of, or on the person;
- in a container in the hand of or on the person; or
- the substance is so close as to be within ready reach and is under the control of the person.
Plainly put, it’s on you or it’s next to you, and you know it. The second type of possession is constructive possession. Constructive possession means that the person is aware of the presence of the substance, the substances is in a place over which the person has control, and the person has the ability to control the substance. An example of this would be having a baggie of meth in your backpack, next to your driver’s license, in the trunk of your car.
There are many defenses to possession of methamphetamine under Florida law. For example, if there are multiple people inside a car with a baggie of meth in the armrest of a car, and nobody tells the cops who it belongs to, the State will be unable to prove who in the car it belonged to. An experienced criminal defense attorney is familiar with the defenses to this charge.
Even if you’re caught red handed with methamphetamine in your pocket, there are many other ways to try and keep your record clean. For example, the stop or search may have been illegal and the evidence can get thrown out.
If you have little to no record you may be eligible for a diversion program that would result in the charges against you being thrown out. Long story short, if you are charged with possession of methamphetamine you should contact a seasoned Pensacola criminal defense attorney.