Synthetic drugs are being created all the time and for this reason it is difficult for law enforcement officers to keep up with the different variations of drugs that are available. However, a law was passed recently that will apply to the different synthetic drugs that are now on the market, and it could even cover some of the drugs that are not even available yet. If you have been arrested for synthetic drugs, contact a Criminal Attorney in Miami immediately.
What are Synthetic Drugs?
In the state of Florida there are several synthetic drugs that have gained in popularity over the past few years. Some of these synthetic drugs include Spice, Flakka, K2, and bath salts. There are several others that are currently gaining in popularity as well.
Typically a state will outlaw a specific type of synthetic drug and then the dealers will alter the formula for the drug in order to get around the laws. This also means that the laws do not apply to the newer synthetic drugs that come onto the market. It is for this reason that a new law to address the new drugs that are created went into effect. This new law is a catchall law in order to cover synthetic drugs as a whole.
Laws Regarding Synthetic Drugs
The new synthetic drug law in the state of Florida went into effect in July of 2016. This law means that drug dealers cannot simply make a few tweaks to a current synthetic drug in order to bypass the law banning it. The new law states that any synthetic drug that is outlawed based on its molecular structure as well as any drug that is similar in structure to it is also illegal.
Prosecutors will still be tasked with the job of proving that the effects of the newer drug are similar to the effects of the drug that was outlawed.
What are the Penalties for Synthetic Drug Possession?
As with any drug charge, the penalty for possessing synthetic drugs will depend on the amount of the drug that the person has. If a person has less than 3 grams of a synthetic drug they may be charged with a first degree misdemeanor. A first degree misdemeanor comes with the possibility of a year of probation, up to a year in jail, and a possible fine of up to $1000.
A person who has over 3 grams of a synthetic drug can be charged with a third degree felony. This is punishable by up to five years of probation, up to five years in prison, and a fine of up to $5000.
The laws regarding synthetic drugs are a bit difficult to understand, especially since these laws may apply to many different types of substances. If you have been arrested for having any type of synthetic drug it is important to contact a Criminal Attorney in Miami to help defend you against any type of synthetic drug charges.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.
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