Drug Charges

Understanding Drug Charges in Florida

Drug offenses in Florida are prosecuted aggressively and can result in significant jail time, hefty fines, loss of professional licenses, and a permanent criminal record. The type and severity of your charge often depends on several factors:

• The type of drug involved (e.g., marijuana, cocaine, fentanyl, prescription drugs)

• The quantity of the substance

• Whether the alleged offense involved possession, distribution, trafficking, or manufacturing

• Prior criminal history

• Proximity to schools or parks

• The presence of weapons or large amounts of cash

Florida categorizes controlled substances into five “schedules,” with Schedule I (like heroin and LSD) being the most serious and Schedule V the least.

Types of Drug Charges We Handle

At McNary Law, our Bradenton and Sarasota drug charges attorneys defend clients against a wide range of drug-related allegations, including:

1. Simple Possession

This is typically a third-degree felony or first-degree misdemeanor, depending on the substance. Conviction may result in up to 5 years in prison and a $5,000 fine for felony possession.

2. Possession with Intent to Sell

This charge is more serious and often based on circumstantial evidence like packaging, scales, or the presence of large cash amounts. It is a second-degree felony in many cases.

3. Drug Trafficking

Trafficking charges are based on weight and carry mandatory minimum sentences. For example, possession of 28 grams or more of cocaine can result in a 3-year minimum prison sentence, even for a first offense.

4. Prescription Fraud

Florida law prohibits doctor shopping, forged prescriptions, and illegal possession of medications like oxycodone or Xanax without a valid prescription.

5. Manufacturing or Cultivation

Growing marijuana or operating a lab to manufacture synthetic drugs can result in first-degree felony charges, especially if children are present or if the location is near a school.

Florida Drug Laws & Penalties

Under Florida Statutes Chapter 893, drug offenses are classified based on schedules and quantity. Penalties range from misdemeanor charges for possession of cannabis under 20 grams, to life imprisonment for large-scale trafficking. Additionally:

• Mandatory driver’s license suspension (often 6 months to 2 years)

• Probation with drug testing

• Substance abuse counseling and treatment

• Asset forfeiture of vehicles or property involved in the alleged offense

Repeat offenses or involvement in organized drug rings can trigger enhanced penalties under Chapter 775, including designation as a “habitual felony offender.”

Potential Defenses to Drug Charges

Every case is unique, and the right defense strategy depends on your specific circumstances. Possible defenses include:

• Illegal search and seizure (Fourth Amendment violations)

• Unlawful traffic stop

• Lack of knowledge (you didn’t know the substance was present)

• Constructive possession (shared or indirect control)

• Entrapment by law enforcement

• Chain of custody errors in handling evidence

Our attorneys will thoroughly review your case, suppress unlawfully obtained evidence, and challenge any weak points in the prosecution’s case.

How a Bradenton & Sarasota Drug Charges Attorney Can Help

When you work with McNary Law, you’re not just hiring a defense lawyer — you’re gaining an advocate. We believe in second chances and strategic solutions. Our criminal defense services include:

• Immediate bond hearings and pretrial representation

• Motions to dismiss or suppress evidence

• Negotiating plea deals or diversion programs when appropriate

• Taking your case to trial, if necessary

For juveniles facing drug charges, we also offer juvenile defense services, helping protect your child’s future from a criminal record.

Diversion Programs and Alternatives to Incarceration

Depending on the severity of the charge and your criminal history, you may qualify for:

• Pretrial Intervention (PTI)

• Drug Court

• Deferred prosecution agreements

• Rehabilitation and counseling referrals

These alternatives can lead to reduced charges or dismissal upon successful completion, especially for first-time offenders.

Drug Charges and Related Legal Issues

Drug charges often overlap with other legal matters. We routinely assist clients dealing with:

• Weapons charges (often added when drugs and firearms are found together)

• Domestic violence accusations (if substance use was involved)

• DCF investigations or custody issues arising from a drug arrest

• DUI Charges

• Injunctions or restraining orders

Our family law practice gives us a unique ability to support clients navigating complex legal consequences beyond criminal court.

Why Choose McNary Law?

We are more than just attorneys — we are your advocates during life’s most challenging moments. Our core values of honesty, integrity, compassion, and accountability shape every case we handle. We’re based in Bradenton and serve clients across Sarasota and the surrounding communities. We’re proud to provide:

• Personalized legal strategies

• Transparent communication

• A proven track record of favorable results

• Courtroom experience in both misdemeanor and felony trials

Take Action Today

A drug charge doesn’t have to define your future. Whether you made a mistake, were wrongfully accused, or are struggling with addiction, we’re here to help. At McNary Law, we provide aggressive representation and compassionate guidance every step of the way.

Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.