Understanding Florida’s Drug Schedules and Penalties
Florida law categorizes controlled substances into five schedules, based on their potential for abuse and accepted medical use. The higher the schedule, the more serious the offense for illegal possession, distribution, or trafficking.
Florida’s Drug Schedules Explained
Schedule I: The Most Serious Drugs
Drugs in Schedule I have a high risk of abuse and no accepted medical use. Possession is a third-degree felony, punishable by up to five years in prison. Examples include:
- Heroin, MDMA (Molly), LSD, Psilocybin (Magic Mushrooms), THC, and Marijuana (unless medically prescribed).
Schedule II: High Abuse Potential, Limited Medical Use
These drugs are highly addictive but have restricted medical uses. Possession without a prescription is a third-degree felony with penalties of up to five years in prison. Examples include:
- Fentanyl, Methamphetamine, Oxycodone, Codeine, and Adderall.
Schedule III: Moderate Addiction Risk
Drugs in this category have accepted medical uses but can still lead to dependence. Unprescribed possession is a third-degree felony. Examples include:
- Ketamine, Buprenorphine, and Anabolic Steroids.
Schedule IV: Low Risk, Common Medical Use
These drugs have a lower risk of abuse but can still cause addiction. Possession without a prescription is a third-degree felony. Examples include:
- Xanax, Ativan, Tramadol, and Ambien.
Schedule V: The Least Restricted Drugs
These substances have the lowest potential for abuse and accepted medical uses. Illegal possession is a first-degree misdemeanor, punishable by up to one year in jail. Examples include:
- Lyrica, Pyrovalerone, and Lacosamide.
Penalties for Drug Possession in Florida
- Schedule I–IV (No Prescription) → Third-degree felony, up to 5 years in prison.
- Schedule V (No Prescription) → First-degree misdemeanor, up to 1 year in jail.
- Possession of Marijuana (Under 20g) → First-degree misdemeanor.
- Larger quantities or intent to sell → More serious felony charges.
Fight Your Drug Charges with a Strong Defense
If you’ve been arrested for drug possession or distribution, you need a skilled criminal defense attorney to challenge the evidence, lab testing, and search procedures.
The experienced team at Lupella & Rehr fights to reduce or dismiss charges and protect your future. Call (850) 362-6655 for a free consultation today.