Possession of Synthetic Drugs / K2 / Spice 

Buying, selling or smoking synthetic marijuana is NO LONGER LEGAL. Possession of synthetic drugs, including K2, spice, or other synthetic drugs is classified as a First Degree Misdemeanor in Florida if under 3 grams. Also, under the Florida Criminal Punishment Code Possession of synthetic drugs is classified as a Level 3 severity ranking which will get you 16 points on a score sheet as a primary offense.

History:

Florida Statute § 893.03(1)(c) largely expanded the list of banned substances classified as Schedule I Drugs under the “Florida Comprehensive Abuse Prevention and Control Act”.

HB 1175 added 91 new substances to Schedule I drugs such as synthetic cannabinoids and synthetic stimulants like Methyltryptamine, Ethcathinone and Benzylpiperazine. The 91 new substances were the legislatures effort to regulate drugs which, because of their molecular makeup, could easily be altered into new chemical compounds.

Many of the synthetic drugs included under Florida Statute § 893.03(1)(c) are commonly referred to as synthetic marijuana, K2, spice, bath salts and potpourri.

What Penalties Am I Facing? 

Under Florida Statute § 893.03(1)(c), if you are convicted of possession of less than 3 grams of synthetic marijuana or K2 you could be sentenced to:

• A maximum penalty of up to one (1) year in prison;
• A maximum penalty of up to one (1) year supervised probation/community control; or
• A maximum penalty of up to a $1,000 fine
• 2 Year Driver’s License suspension (if adjudicated guilty)
• Substance Abuse Evaluation/Treatment/Screening (during probation)

If you are convicted of possession of more than 3 grams of synthetic marijuana or K2 you will be facing a Third Degree Felony and could be sentenced to:

• A maximum penalty of up to five (5) years in prison;
• A maximum penalty of up to five (5) years supervised probation/community control; or
• A maximum penalty of up to a $5,000 fine
• 2 Year Driver’s License suspension (if adjudicated guilty)
• Substance Abuse Evaluation/Treatment/Screening (during probation)
• The possible forfeiture of any vehicle and/or property used in the commission of a felony .

In addition to the penalties above, anyone who, after either a plea or trial, is adjudicated guilty of a possession of a narcotic charge like K2 or spice possession, must be sentenced to a two (2) year mandatory driver’s license suspension. Many attorneys are unaware of Florida Statute 322.055 which mandates the drivers license suspension (meaning that even if the judge thought you were a nice person, the judge would have no discretion in not suspending your license even if he/she wanted to).

If we are able to get your charges dropped (Motions to Dismiss or Suppress), you successfully participate in the Pre-Trial Intervention program, have us negotiate a plea deal for you which would “withhold adjudication, or if you hire us to challenge your charges in a criminal trial and we win, your license will not be suspended. So it’s important you hire an experienced South Florida criminal defense attorney  to help you navigate through the complicated maze that is the criminal justice system to get you the best outcome possible!