Category: Drug Charge

Criminal Defense, Drug Charge, Legal Blog, Legislative Update, License Suspension

Legislative Update – License Suspension reduced for Drug Charges in Florida

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As of July 1, 2014, Florida Statute 322.055 has been revised to reduce the period of driver license suspension from two (2) years to one (1) year in drug cases.

Before the statute change, Florida law required driver’s licenses to be suspended for two years for a drug conviction, including possession, sale, trafficking of a controlled substance. Many people did not realize that pleading guilty to a cocaine charge, for example, would not only cause a third degree felony conviction, but also a two year license suspension. Now, anyone convicted of drug charges is to have their license revoked for 1 year (or, if necessary, until the person is evaluated and completes a drug treatment and rehabilitation program). However, the court also has discretion to court to determine whether the defendant may apply for a restricted license (a license that is valid for business or employment purposes only). Further, after 6 months of the license being suspended, the driver may petition the DMV for restoration of the driving privilege on a restricted or unrestricted basis.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Drug Charge, Legal Blog, Marijuana

Florida Drug Schedules

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Florida Statute 893.03 categorizes controlled substances into different schedules: Schedules I, II, III, IV, and V. 

Pursuant to the statute, the drug schedules are as follows:

Schedule I: Schedule I drugs are controlled substances with a high potential for abuse and/or addiction and no legally accepted medical use. Substances in Schedule I include, but are not limited to: heroin, ecstasy, cannabis, mescaline, LSD, and peyote.

Schedule II: Schedule II drugs are controlled substances that also have a high potential for abuse/addiction but have severely restricted medical use. Substances in Schedule II include, but are not limited to: cocaine, codeine, hydrocodone, methadone, methamphetamine, morphine, opium, and oxycodone.

Schedule III: Schedule III drugs are controlled substances that have less potential for abuse and addition, and have accepted medical use. Substances in Schedule III include, but are not limited to: vicodin, ketamine, anabolic steroids including testosterone (but not including estrogens, progestins, and corticosteroids), and medicines with less than 1.8 grams of codeine per 100 milliliters, or with less than 300 milligrams of hydrocodone per 100 milliliters, or less than 50 milligrams of morphine per 100 milliliters.

Schedule IV: Schedule IV drugs are controlled substances with low potential for abuse or addiction but are mildly addictive when abused, and that have accepted medical use. Substances in Schedule IV include, but are not limited to: alprazolam (xanax), diazepam, and muscle relaxants.

Schedule V: Schedule V drugs are controlled substances with low potential for abuse and with accepted medical use. Substances in Schedule V include, but are not limited to: low amounts of codeine and stimulants.  

A complete listing of the substances in each schedule can be found in Florida Statute 893.03. Additionally, the potential penalties for unlawful possession of the various drugs can be found in Florida Statute 893.13. 

Anyone who is facing drug charges in Palm Beach County should contact a criminal defense attorney, as the penalties can be severe, depending on the amount and type of controlled substance allegedly possessed.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.