Avvo Rating badge
NACDL badge
Expertise badge
Avvo Rating badge
Expertise Best Criminal Defense Attorneys in St. Petersburg
The National Trial Lawyers Top 100

Morphine Possession in St. Petersburg, FL

In St. Petersburg, Florida, the possession of morphine without a valid prescription carries significant legal consequences under both state and federal law. Morphine is classified as a Schedule II controlled substance due to its high potential for abuse and limited medical use. Consequently, unauthorized possession can lead to severe penalties, including substantial fines, lengthy prison sentences, and long-term collateral consequences. That is why you need a St. Petersburg morphine possession lawyer to help you with your case. 

Possession of Morphine Without a Prescription

Under Florida Statutes § 893.13, possessing morphine without a prescription is a third-degree felony. This offense is punishable by up to five years in prison, five years of probation, and a fine of up to $5,000. However, if the quantity of morphine possessed is substantial, the charge may escalate to trafficking.

How Morphine Possession Can be Considered Trafficking

Florida law imposes mandatory minimum sentences for trafficking in morphine, as outlined in Florida Statutes § 893.135. The penalties are tiered based on the amount of morphine involved. These can range from 3 to 25 years and $50,000 to $500,000 in fines. These mandatory minimum sentences mean that judges have limited discretion to reduce the penalties, even for first-time offenders.

Enhanced Penalties for Morphine-Related Offenses

Certain circumstances can lead to enhanced penalties for morphine-related offenses:

  • Proximity to Protected Locations: Possessing morphine within 1,000 feet of schools, parks, daycare centers, churches, or public housing can elevate the offense to a second-degree felony, increasing the maximum prison sentence to 15 years and the fine to $10,000.
  • Possession with Intent to Distribute: Even without evidence of actual distribution, possessing morphine in a manner suggesting intent to sell, such as in small, individually packaged doses, can lead to trafficking charges and severe penalties.
  • Use of a Firearm: While Florida does not have a specific statute enhancing penalties for possessing a firearm during a drug offense, the presence of a firearm can lead to enhanced charges if it is used or threatened to be used during the commission of a drug trafficking offense.
Collateral Consequences of Morphine Possession

Beyond criminal penalties, a conviction for morphine possession can result in significant collateral consequences:

  • Driver’s License Suspension: A drug conviction in Florida typically leads to a one-year suspension of the individual's driver's license.
  • Professional Licensing Issues: Convictions can impact professional licenses, potentially leading to suspension or revocation, depending on the nature of the offense and the profession.
  • Employment and Housing Challenges: A criminal record can hinder employment opportunities and complicate housing applications, as many background checks include drug-related offenses.
Legal Defenses

Several defenses may be available to individuals charged with morphine possession or trafficking:

  • Lack of Knowledge: If the individual was unaware that they were in possession of morphine, this could serve as a defense.
  • Constitutional Violations: Evidence obtained through unlawful search and seizure may be inadmissible in a court of law.
  • Valid Morphine Prescription: Presenting a legitimate morphine prescription can remove the charge.
  • Entrapment: If law enforcement induced the individual to commit the offense, an entrapment defense may be applicable.

It's crucial for individuals facing such charges to consult with an experienced criminal defense attorney to explore all possible defenses and navigate the legal complexities.

Call Attorney Will Hanlon about Your St. Petersburg Morphine Possession Charges

The legal repercussions for morphine possession are severe and can have lasting effects on an individual's life. Understanding the laws and potential defenses is essential for anyone facing such charges. Seeking legal counsel promptly can make a significant difference in the outcome of the case.

If you or someone you care about is facing morphine possession charges in St. Petersburg, FL, make sure you contact Hanlon Law for the best legal assistance in the area. Call 813-228-7095 or contact us online to schedule a consultation with Attorney Will Hanlon.

Client Reviews
★★★★★
As a practicing attorney, I was shocked to hear that a family member of mine was alleged to have committed a sex crime. Knowing full well the consequences this type of allegation can have on anyone and their future, I immediately reached out to William Hanlon for help. I had every confidence that Mr. Hanlon had the knowledge, expertise, and experience to handle this problem. Approximately 4 weeks from an initial conference with Mr. Hanlon, we received a call with the news that a letter of release was being issued and the case was being dropped. Now my family member can finally exhale, take a deep breath, and go on with his life. Thank you, William! Jerry
★★★★★
Was on the ball. Remembered names, events, places, situations. Never need to re explain the situation. Keeps in touch through out the entire experience and keeps you feeling safe, comforted and protected. Fights hard. Worth every single penny. Would never settle for anything less than Will. Carrie
★★★★★
I was facing a charge that if convicted would carry two years in prison minimally. Not only was he empathetic and listening to what I had to say but he arranged with the prosecutor for my charges not to be filed under terms of a pre trial investigation. Would highly recommend. Alec
★★★★★
I am very happy for what he did for me. Always there when I needed him. Explained everything well. He Fights for his clients. He got me what I needed. Hes an excellent lawyer. Mutaz
★★★★★
Mr. Hanlon did what no other lawyer could do. Not only did he turn my criminal history into a thing of the past so I could move on, he was a loyal associate. No matter how bad the situation is, he has miraculously cleared me on every charge since he became my lawyer 5 years ago. I have the best lawyer that the legal system has to offer. I have had other really good lawyers try to get my business, but I know that no one can do a better job than William Hanlon. Jesse