Charged With GHB Possession Or Trafficking In Florida? Consult Skilled Criminal Defense Attorneys At The Watson Firm, PLLC!
When facing drug charges for GHB possession or trafficking in Florida, the need for proficient legal assistance from a dedicated criminal defense lawyer cannot be underestimated. At The Watson Firm, PLLC, our experienced criminal defense attorneys possess in-depth knowledge of Florida's legal intricacies and have a successful history of defending clients against drug-related allegations. Your freedom hangs in the balance when you’re facing charges of committing a drug offense, so don't delay. Contact our drug defense attorneys now at (850) 607-2929 or click online to schedule a private consultation and explore the best strategies to protect your rights and future as your GHB case unfolds.
GHB Offenses In Florida
Gamma-hydroxybutyrate, commonly known as GHB, is a powerful central nervous system depressant that can be used recreationally or as a date rape drug. While it may have legitimate medical uses in some cases, its possession for non-medical purposes can lead to serious legal trouble. Below, The Watson Firm, PLLC drug lawyer defense team will provide an overview of GHB possession, its legal status, potential penalties, and some essential information to help you to start navigating your GHB charge. When you meet with our experienced criminal defense attorney team, we’ll provide you with additional, personalized guidance.
What Is GHB?
GHB is a colorless, odorless liquid or powder that can quickly dissolve in beverages. It is a powerful depressant that affects the central nervous system, leading to sedative and euphoric effects when consumed. GHB is classified as a Schedule I drug. As a result, this substance cannot lawfully be manufactured, let alone possessed or distributed, without a valid medical prescription. When it is, those efforts are classified as drug crimes.
Possession Of GHB - A Serious Drug Offense
Possession of GHB is considered a third-degree felony in Florida. While it may be viewed as less serious than distribution, manufacturing, or trafficking, the consequences for those convicted can still be severe. As a Schedule I controlled substance with no accepted medical use in the U.S., GHB is highly abused, and law enforcement takes its possession seriously.
Penalties For GHB Possession In Florida
The penalties for GHB possession in Florida vary based on the amount of the substance found in possession:
Possession Of Less Than One Kilogram
- Third-degree felony.
- Up to five years in prison.
- Up to five years of probation.
- Maximum fine of $5,000.
Possession Of More Than One Kilogram
The penalties for GHB trafficking in Florida are severe, and the sentences are subject to mandatory minimums based on the quantity of GHB involved:
1 kg - 5 kg of GHB:
- Minimum of 3 years in prison.
- Fine of $50,000.
5 kg - 10 kg of GHB:
- Minimum of 7 years in prison.
- Fine of $100,000.
10 kg or more of GHB:
- Minimum of 15 calendar years in prison.
- Fine of $250,000.
It is crucial to note that the weight of GHB is calculated based on the weight of the mixture containing the drug, not the weight of the GHB alone.
GHB Trafficking In Florida: Understanding The Law And Penalties
Under Florida Statute section 893.135, GHB trafficking refers to the knowing purchase, sale, possession, manufacturing, delivery, or transportation of 1 kg or more of GHB or any mixture containing GHB into the state. The state allows for both actual and constructive possession theories to establish trafficking charges, but constructive possession is more commonly used and complex to prove. Our criminal defense lawyers can provide additional clarity when you meet with our team.
Defenses
Defenses to possession and trafficking charges can vary based on the specific circumstances of each case. Challenging the search that led to the discovery of the evidence is a common defense tactic in cases like this. Some additional potential defenses include:
Lack Of Knowledge
For possession charges, if you were unaware of the presence of the illegal substance and had no knowledge that it was in your possession, you may have a viable defense. This defense is especially relevant in situations where someone else may have concealed the substance without your knowledge.
Valid Medical Prescription
If you were in possession of the substance under a valid prescription for medical use, this can be a strong defense against both possession and trafficking charges.
Disputing The Quantity
In trafficking cases, disputing the quantity of the illegal substance can be an effective defense. The prosecution must prove the exact weight of the substance, and any uncertainty or inaccuracies in the measurement can weaken their case.
Chain Of Custody Issues
In trafficking cases, the prosecution must establish a clear chain of custody for the illegal substance from the time of seizure to its presentation in court. Disputing the integrity of this chain of custody can cast doubt on the validity of the evidence.
Entrapment
If you can demonstrate that law enforcement officers induced or coerced you into commission of the crime, claiming entrapment may serve as a defense.
Substance Misidentification
Challenging the accuracy of the substance identification process can be a defense in both possession and trafficking cases. The defense may question whether the substance seized was indeed the illegal drug in question.
Lack Of Intent
For trafficking charges, the prosecution must demonstrate that you intended to engage in the trafficking of the illegal substance. If there is no evidence of intent or you can show that you had no intention to distribute or transport the drug, this can be a viable defense to a GHB crime charge.
Facing Charges For GHB Possession Or Trafficking In Florida? Contact Experienced Criminal Defense Lawyers At The Watson Firm, PLLC!
If you or someone you know is grappling with charges related to GHB possession or trafficking in Florida, seeking immediate legal counsel from a client-focused drug defense attorney is vital to safeguarding your rights and future. At The Watson Firm, PLLC, our seasoned criminal defense lawyers possess a deep understanding of Florida's legal system and have a proven track record of successfully defending clients in drug-related cases. With your freedom and reputation at stake, don't hesitate to reach out for our drug defense lawyers’ representation. Call us at (850) 607-2929 or visit us online to schedule a confidential consultation and explore your defense options with our reputable criminal defense attorneys today. We look forward to working with you.