How Long Do You Go to Jail for Possession?
Published April 28, 2023
If you have been detained for possession of illegal drugs, you may be worried about “how long do you go to jail for possession?” The length of time depends on several factors. The gravity of the allegations against you, especially the quantity of substances allegedly discovered in your possession—and any prior convictions for felonies on your record—are the key factors in sentencing.
The nature of your charges—state or felony—is another significant factor to consider. For instance, the average duration of a state-level sentence for drug possession is approximately 20 months or less than two years. On the other hand, 81 months, or less than seven years, is the typical sentence term for federal charges. One explanation for this difference in how many years in jail for drug possession is the likelihood of filing more serious charges on a federal level. However, State courts handle the majority of minor drug possession charges.
How Long Do You Go to Jail for Possession?
Depending on the amount and type of substance in question, even a first-time offender may face felony drug charges. In Florida, possession of an illegal substance is typically a third-degree felony.
In Florida, a third-degree felony is punishable by up to five years of imprisonment and up to a $5,000 fine. In addition to drug possession jail time, the court can order drug counseling, suspension of your driver’s license, and require inpatient drug treatment.
If your first drug charge results from marijuana possession, you may face less severe penalties. Possession of less than 20 grams of marijuana is considered a misdemeanor in Florida under section 893.13(6)(b) of the Florida Statute. A misdemeanor offense in Florida is punishable by up to one year in jail plus a $1,000 fine.
What is Considered a Possession?
In the state of Florida, to be considered in “possession” of an illegal substance requires not only knowledge that the substance in question is unlawful but also one of two more factors as well.
The first factor is “actual possession,” which refers to having the substance on your person. Florida considers the following as controlled substances:
- Cocaine
- Ecstasy
- Fentanyl
- LSD
- Methamphetamine
- MDMA
- Opiates
- Oxycodone
- Peyote
- Psilocybin
- Xanax, etc.
The second factor in considering the possession sentence is that you were aware of the controlled substance’s presence and had control over it, regardless of whether it was not on your person; this is referred to as constructive possession.
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When to Seek Legal Help?
Above, we tackled how long do you go to jail for possession and other penalties that come with it. A felony conviction can be issued for even the most minor drug crime, such as possession.
In the event that you are facing charges in Florida for possession of a controlled substance, you should get in touch with an attorney as soon as possible.
There is a possibility that your charge could result in severe penalties, such as jail time, expensive fines, and suspension of your driver’s license.
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About The Author
Krizzia Paolyn is an SEO Specialist with a bachelor’s degree in Psychology. It has always been her passion to share her voice, and at the same time, to encourage other people to speak up.
