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Two Decades Of Criminal Defense Experience

Accomplished Clearwater Drug Charges Attorney

Last updated on March 25, 2026

A conviction for drug crimes can impact your ability to earn or keep a job, secure housing or even earn a loan for a college education – all in addition to the legal consequences. Instead of hoping for a slap on the wrist against these charges, fight for the optimal outcome in your case.

At the Clearwater office of Finkelstein Firm, P.A., I have the experience and knowledge to make this difficult time easier for you and your family. I am lawyer Jenna Finkelstein. No matter what kind of drug charges you are facing, I am prepared to help you through your case.

Types Of Drug-Related Offenses

There are many different actions that can result in drug charges. Drug-related offenses include, but are not limited to:

  • Possession of drug paraphernalia
  • Possession of a controlled substance
  • Sale or delivery of a controlled substance
  • Trafficking in illegal drugs
  • Possession of a drug without a prescription
  • Manufacturing
  • Sale or delivery of a counterfeit substance

Depending on the charges you received, you can expect different levels of consequences.

The Possible Penalties Associated With Drug Charges

The range of possible penalties for drug charges can range from probation to community control to mandatory minimum prison sentences. If you are convicted of trafficking, not only are you facing a mandatory prison sentence, but you’re also looking at mandatory fines that are required by law, which range from $50,000 to $500,000.

Under certain circumstances, drug crimes can be enhanced, and those carry greater penalties. I am a drug charge defense attorney who can advise you if your case qualifies for any enhancement.

How Charges Can Impact Your License

If you are convicted of a drug-related offense in the state of Florida, then your driver’s license will be suspended for a period of two years. You are encouraged to contact me to discuss whether you have any motions or legal defenses available. I will also advise you on whether you qualify for alternative sentencing, pretrial intervention or a withhold of adjudication.

Understanding Florida Drug Possession Charges

Possession of controlled substances is governed by Florida Statute 893.13(6)(a). The type of substance and the quantity can have a significant impact on the charge.

With many controlled substances, possession is a third-degree felony. However, for possession of cannabis, if the person has under 20 grams, they may only face a first-degree misdemeanor. Having a small amount for personal use typically results in possession charges, but possessing larger amounts could result in charges for intent to distribute.

Four Key Elements

Under Florida law, drug possession must be proven beyond a reasonable doubt, and there are four key factors to consider:

  • The person being charged was in actual possession of a controlled substance or constructively possessed it, such as having it in their vehicle.
  • The substance is illegal and falls into one of the five schedules for controlled substances.
  • The defendant was aware that the substance was in their possession.
  • There was no legal justification for that possession, such as medical use.

For instance, painkillers like oxycodone or morphine are Schedule II controlled substances. A person may possess them legally with a valid prescription, but recreational use or possession is prohibited.

Five Drug Schedules

It is important to understand the five different drug schedules if charged. They focus on the type of substance and whether or not there is any approved use.

  • Schedule V: There are current medical uses and the potential for abuse is low.
  • Schedule IV: There are medical treatments approved under U.S. law and a low risk of abuse.
  • Schedule III: There are medical uses, but there is a higher potential for abuse, with one example being anabolic steroids.
  • Schedule II: Even if there are medical uses, they are significantly restricted and the potential for abuse is high. Examples include morphine, oxycodone, hydrocodone, cocaine and methamphetamine.
  • Schedule I: There are no accepted medical treatments and a high potential for abuse, such as with heroin, LSD, cannabis and peyote.

Since drugs can be rescheduled, it is important to work with an experienced attorney when facing charges.

Begin Your Criminal Drug Charge Defense Today

At the Finkelstein Firm, P.A., I have successfully defended clients charged with all different levels of drug offenses. Let me put my years of experience to work for you. Call 727-202-4418 or email my firm here for your free consultation. I am available 24/7 and represent individuals charged with criminal offenses throughout Tampa Bay and the surrounding areas.