Possession with Intent to Sell in Miami

The federal government classified drugs by creating five schedules when the Controlled Substances Act (CSA) was enacted in 1970. Florida Statute § 893.03 also contains five schedules for drugs that are largely the same as the federal schedules. For certain crimes, the schedule of a controlled substance can have a dramatic impact on the severity of the criminal charges.

Florida defines its drug schedules as follows:

• Schedule I: A substance in Schedule I has a high potential for abuse, no currently accepted medical use in treatment in the United States, and in its use under medical supervision does not meet accepted safety standards. Substances controlled in Schedule I include, but are not limited to 3,4-Methylenedioxymethamphetamine (MDMA or ecstasy), cannabis (marijuana), gamma-hydroxybutyric acid (GHB), heroin, and lysergic acid diethylamide (LSD).
• Schedule II: A substance in Schedule II has a high potential for abuse, a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence. Substances controlled in Schedule II include, but are not limited to hydrocodone, opium, methamphetamine, and cocaine.
• Schedule III: A substance in Schedule III has a potential for abuse less than the substances contained in Schedules I and II, a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence or—in the case of anabolic steroids—may lead to physical damage. Substances controlled in Schedule III include, but are not limited to dronabinol (synthetic tetrahydrocannabinol [THC]), ketamine, nalorphine, and anabolic steroids.
• Schedule IV: A substance in Schedule IV has a low potential for abuse relative to the substances in Schedule III, a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to limited physical or psychological dependence relative to the substances in Schedule III. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a substance listed under Florida Statute § 893.03(4)—including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation—are controlled in Schedule IV. Substances controlled in Schedule IV include, but are not limited to lorazepam (Ativan), diazepam (Valium), clonazepam (Klonopin), and alprazolam (Xanax).

• Schedule V: A substance, compound, mixture, or preparation of a substance in Schedule V has a low potential for abuse relative to the substances in Schedule IV, a currently accepted medical use in treatment in the United States, and abuse of such compound, mixture, or preparation may lead to limited physical or psychological dependence relative to the substances in Schedule IV. Substances controlled in Schedule V include any compound, mixture, or preparation containing pyrovalerone or buprenorphine or limited quantities of opium, diphenoxylate, ethylmorphine, dihydrocodeine, or codeine.

How We Can Help

The Hoffman Firm has handled thousands of criminal cases. As a former prosecutor, Evan Hoffman understands the strategies used by prosecutors to secure convictions and put defendants behind bars. We are confident in our ability to protect your best interests. During your free consultation, we can discuss your situation with you and help you move toward the best possible outcome for your situation.

Schedule your free consultation today by calling 305-928-1669 if you case is out of Miami, 954-737-3004 if you case is out of Broward County, or contacting us online.