ACTUAL OR CONSTRUCTIVE POSSESSION OF A STRUCTUTURE USED FOR TRAFFICKING CONTROLLED SUBSTANCE

Actual or Constructive Possession of a Structure Used for Trafficking Controlled Substance Defense Attorney

According to Florida Statute 893.1351, the crime of Actual or Constructive Possession of a Substance used for Trafficking Controlled Substance is defined as any person is in actual or constructive possession of a place, structure, trailer, or conveyance (“Structure”) with knowledge that the Structure is being used to manufacture a controlled substance intended for sale and distribution to another.

Actual possession is the direct physical control of the substance. Constructive Possession, on the other hand, must be proven by the state to show that:

  1. the defendant knew of the presence of the substance at the structure;
  2. the defendant had power to exercise dominion or control over the substance at the structure; and
  3. defendant had intent to control the substance in their possession.

Proof of the possession of 25 or more cannabis plants is prima facie evidence that the cannabis is intended for trafficking.

Penalties

A person who owns, leases, or rents any such Structure or part thereof with knowledge that the Structure is being used for trafficking a controlled substance commits a crime against Florida Statute 893.1351 (1), and is a third-degree felony punishable by:

  • up to five year in prison;
  • up to five years on probation; and
  • a $5,000 fine.

The crime of Actual or Constructive Possession of Structure for Trafficking (according to Subsection 2) is a second-degree felony. Possession of Structure for Trafficking is punishable by:

  • up to fifteen years in prison;
  • up to fifteen years on probation; and
  • a $10,000 fine.

If the Structure (under defendant’s actual or constructive possession) has a minor present or residing within it while the Structure is being used for purposes that violate this law, (according to Subsection 3) the defendant has committed a first-degree felony, which may result in:

  • up to thirty years in prison;
  • up to thirty years on probation; and
  • a $10,000 fine.

Possible Defenses

Actual or Constructive Possession of a Structure used for Trafficking of a controlled Substance may be combated by challenging constructive possession charges by establishing that:

  • the defendant did not have knowledge of the structure or controlled substance;
  • the defendant did not have dominion or control over the structure or substance; and/or
  • the evidence lacks intent by the defendant to control the structure or substance.

SERCOMBE LAW

If you find yourself standing accused of Possession of Structure use for Trafficking Controlled Substance, you need to be sure you have a good lawyer on your side. Facing Possession of Structure use for Trafficking charges, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.