Video: Florida Drug Crimes Defense Manual

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I am attorney W.F. Casey Ebsary Jr., and I have spent over 30 years fighting in the courtroom as both a prosecutor and a Board Certified Criminal Trial Lawyer. The Florida justice system is designed to move fast, and without the right strategy, a single mistake during an investigation can follow you for decades. That is why I wrote Drug Defense Decoded: A Florida Attorney’s Guide to Fighting Back. I wrote this book because I have seen how a single arrest can derail a life, and I believe every person deserves a defense that is both aggressive and informed. We focus on dismantling the state’s evidence from the moment of the first traffic stop to the final verdict.

When the stakes are highest, you need immediate, verified information. Download the complete manual today to learn how to navigate harsh mandatory minimums, challenge flawed evidence, and protect your professional license.

Why You Need This Book

Facing drug charges in Florida isn’t just about the law—it’s about your life, your career, and your freedom. By downloading Drug Defense Decoded, you gain immediate access to 100 critical answers to the questions that matter most when your future is on the line. Inside the downloadable PDF, you will discover the statutory secrets of navigating the complex world of trafficking weights and mandatory minimums. You will also learn the strategic solutions from diversion programs to adjudication on how to keep your record clean.

Florida Trafficking Penalties & Mandatory Minimums Chart

Understanding the mathematical trap the state uses against you is critical. Below is a breakdown of the specific thresholds for trafficking in common controlled substances detailed in the book.

Florida Criminal Punishment Code (CPC) Scoresheet Table

In Florida, your sentence is calculated using a strict points-based system. Each primary offense assigns a specific level of severity, which forces the judge’s hand.

Note: If your score exceeds 44 points, the judge is generally required to sentence you to prison unless we can prove a downward departure is legally justified.

Download the Book to Unlock Comprehensive FAQs

FAQ Frequently Asked Questions on Drug Crimes in Florida

The digital download of Drug Defense Decoded provides extensive, verified guidance on how to fight back. Below is a preview of the critical questions answered fully within the book.

What should I say to the police immediately after being stopped for suspected drug possession? I advise my clients to remain polite but firm in exercising their right to remain silent. You should clearly state, “I am exercising my right to remain silent and I want to speak with my attorney, Casey Ebsary”. We have found that any statement you make, even those intended to be exculpatory, can be twisted by the prosecution to establish your knowledge of the substance.

Is a “hunch” enough for an officer to search my vehicle in Tampa? An officer must have more than a mere hunch; they are required to have probable cause to believe your vehicle contains evidence of a crime before conducting a warrantless search. I meticulously review the police reports to see if the officer’s stated reason for the search holds up under judicial scrutiny. If we find that the search was based on a guess rather than specific, articulable facts, we can move to have the evidence suppressed under Florida Statute 901.151.

How does the Fourth Amendment protect me during a Florida drug sweep? The Fourth Amendment protects you against unreasonable searches and seizures, ensuring that the government cannot intrude upon your privacy without legal justification. In my practice, we use this constitutional shield to challenge mass drug sweeps where individuals are often detained without specific individualized suspicion. We argue that any evidence obtained during an unconstitutional detention must be thrown out of court.

Can I be arrested if the drugs were found in a common area of a shared apartment? Yes, you can be arrested under the theory of constructive possession, but the state faces a much higher burden of proof in shared spaces. We fight these charges by demonstrating that you did not have exclusive control over the area and were unaware of the drugs’ presence. I focus on showing the court that mere proximity to an illegal substance is not enough for a criminal conviction under Florida Statute 893.13.

Is a warrant always required for the police to search my home for controlled substances? While the home is given the highest level of protection, there are exigent circumstances like the destruction of evidence or plain view that allow police to enter without a warrant. I examine these entries closely to ensure the police didn’t manufacture the emergency just to bypass the warrant requirement. If we prove the entry was unlawful, everything they found inside including drugs and paraphernalia can be excluded.

Can a K-9 unit sniff my car during a routine traffic stop for speeding? A K-9 sniff is legal as long as it does not unreasonably prolong the duration of the initial traffic stop. We use dashcam footage and GPS data to prove that the officer delayed the ticket-writing process specifically to wait for the dog to arrive. If the stop was extended by even a few minutes without independent suspicion, we can often get the resulting drug evidence suppressed.

What are the specific penalties for Possession of Cannabis Less Than 20 Grams? Possession of less than 20 grams of marijuana is a first-degree misdemeanor in Florida, punishable by up to one year in jail and a $1,000 fine. However, we often negotiate for a Withhold of Adjudication or a diversion program to keep this off your permanent record. It is also important to remember that even a misdemeanor conviction can lead to a driver’s license suspension under Florida Statute 893.13(6)(b).

What makes a drug charge a felony instead of a misdemeanor in Florida? In Florida, possession of almost any controlled substance other than a small amount of marijuana is automatically a third-degree felony. This includes hard drugs like cocaine, as well as prescription pills like Xanax or Oxycodone found without a prescription. We work to down-charge these felonies to misdemeanors whenever possible by challenging the state’s evidence early in the process.

Is possession of a single Xanax pill without a prescription a felony? Yes, because alprazolam, commonly known as Xanax, is a controlled substance, possessing even one pill without a valid prescription is a third-degree felony. I frequently help clients who simply forgot their prescription at home or had a loose pill in their bag by providing proof of a valid medical need. We use this documentation to get the state to drop the charges entirely before the case reaches a courtroom under Florida Statute 893.13(6)(a).

What are the risks of being charged with Possession with Intent to Sell near a school? Selling or possessing drugs with the intent to sell within 1,000 feet of a school, park, or place of worship carries significantly enhanced penalties and mandatory minimums. I use specialized mapping tools to verify whether the arrest actually took place within that protected zone to challenge the state’s enhancement. If we can prove you were outside the boundary, we can often significantly reduce the potential prison time.

What is the mandatory minimum for trafficking 4 grams of Fentanyl? Under Florida Statute 893.135, possessing just 4 grams of Fentanyl or its derivatives triggers an automatic three-year mandatory minimum prison sentence and a $50,000 fine. Because Fentanyl is extremely potent, the state treats even small amounts as a major trafficking offense, leaving the judge with no discretion to reduce the time unless we successfully argue for a legal exception. We focus our defense on challenging the lab’s chemical analysis and the precision of the weighing instruments to see if the weight can be brought below this life-altering threshold.

How do we file a Motion to Suppress evidence in a drug case? A Motion to Suppress is a formal request I file asking the judge to exclude evidence that was obtained in violation of your constitutional rights. We typically argue that a search was conducted without a warrant or that a traffic stop was initiated without reasonable suspicion. If the judge grants our motion, the state often has no choice but to dismiss the charges because the physical evidence is no longer allowed in the trial.

Can we challenge the accuracy of a roadside drug testing kit? Roadside field tests are notorious for producing false positives, often flagging common household items as illegal narcotics. I frequently challenge these results by demanding formal laboratory testing and questioning the officer’s training on the specific kit used. We aim to show the court that the initial arrest was based on a flawed scientific method that does not meet the standards for a conviction under Florida Statute 90.702.

What is the Entrapment defense and when does it apply? Entrapment occurs when law enforcement or their agents induce you to commit a crime that you were not otherwise predisposed to commit. We use this defense when undercover officers or confidential informants use high-pressure tactics, threats, or extraordinary appeals to emotion to force a sale or purchase. My focus is on showing the jury that the criminal intent originated entirely with the government, effectively turning a setup into a dismissal of charges.

Why is intent irrelevant in a Florida drug trafficking charge? In Florida, trafficking is a strict liability weight-based offense, meaning the state doesn’t have to prove you intended to sell the drugs. Simply possessing a specific amount, such as 28 grams of cocaine, automatically classifies the crime as trafficking. We focus our defense on the legality of the seizure and the accuracy of the weight, as your personal intent won’t stop the mandatory minimums from applying.

Can the state seize my car or cash under the Florida Contraband Forfeiture Act? Yes, law enforcement can seize any property they believe was used in the commission of a drug felony or purchased with the proceeds of drug sales. I fight these civil forfeiture actions separately from the criminal case to try and get your vehicle or money returned. You only have a limited window of time to request an adversarial preliminary hearing, so acting fast is critical to saving your assets under Florida Statute 932.701.

Can I be arrested for having a valid medical marijuana card? Yes, your medical marijuana card only protects you if you are in strict compliance with the Florida Department of Health’s storage and consumption regulations. I have seen clients arrested because they transferred their medication into a non-approved container or were found consuming it in a public space where usage remains strictly prohibited. We defend these cases by proving your actions were a technical oversight in a complex regulatory system rather than a criminal attempt to distribute.

What happens if I keep my prescription pills in a daily organizer instead of the original bottle? Under Florida law, an officer can arrest you for possession if they find controlled substances outside of their pharmacy-labeled container. I work with my clients to quickly provide valid pharmacy records and doctor’s notes to the prosecutor to show that the possession was entirely lawful. Our goal is to have the state drop the charges before they are even officially filed at your arraignment.

Will a drug conviction result in a Mandatory 2-Year License Suspension? Under Florida Statute 322.055, any person convicted of a drug offense faces a mandatory driver’s license suspension. While the law allows for a two-year revocation, many first-time offenders may be eligible for a hardship reinstatement after six months if they complete a court-ordered drug treatment program. I work aggressively to secure a Withhold of Adjudication, which is a strategic outcome designed to prevent this conviction from triggering the automatic suspension in the first place.

How does a drug felony affect my right to own a firearm? A formal felony conviction in Florida results in the immediate loss of your right to own or possess a firearm under Florida Statute 790.23. However, because I focus on securing a Withhold of Adjudication, many of my clients are able to maintain their Second Amendment rights because they are not technically convicted felons under Florida law. We treat your right to bear arms as a priority, ensuring that any plea or resolution is structured to avoid the lifetime ban associated with a formal adjudication of guilt.

Can I seal or expunge a drug arrest record in Florida? If your drug case was dismissed or you received a Withhold of Adjudication and have no prior convictions, you may be eligible to seal or expunge your record. Under Florida Statute 943.0585, an expungement physically destroys the record, while a sealing removes it from public view. I guide my clients through the rigorous Florida Department of Law Enforcement (FDLE) application process to help them achieve a clean slate, ensuring that a past arrest doesn’t reappear during a background check.

What is Trenton’s Law and how does it affect my refusal to take a drug test? As of October 1, 2025, Trenton’s Law made a first-time refusal to submit to a lawful urine or breath test a second-degree misdemeanor crime. This means that saying no to a test doesn’t just result in a license suspension; it now results in a separate criminal charge that carries up to 60 days in jail. I meticulously review the Implied Consent warnings read by the officer to ensure they properly informed you of these new criminal penalties before you made your decision.

Can a pharmacist be held liable for filling a suspicious prescription? Pharmacists have a corresponding responsibility to ensure a prescription is for a legitimate medical purpose, and failure to do so can lead to criminal charges for the pharmacist. I represent medical professionals whose licenses are at stake by showing that they followed all protocol procedures and acted in good faith based on the information provided. We fight to protect both your freedom and your professional standing in these complex white-collar drug cases.

Why should I hire a Board Certified Criminal Trial Lawyer? Board Certification is the highest level of evaluation by the Florida Bar and identifies an attorney as an expert in their field. Only a small percentage of lawyers achieve this status, which requires rigorous testing, peer review, and extensive trial experience. When you hire me, you are getting a specialist who has been recognized for a high level of competence and ethics, ensuring your case is handled by an expert rather than a generalist.

Can out-of-state visitors be charged with trafficking for legal meds? If you are visiting Florida and carrying a large amount of prescription medication that isn’t in its original container, you are at high risk for a trafficking arrest. I work with out-of-state clients to obtain their home-state medical records and prove the legality of their medication to local prosecutors. We strive to resolve these misunderstanding cases quickly so you can return home without a permanent criminal record.

What is the 25-year mandatory minimum threshold? The 25-year mandatory minimum is triggered by high-weight trafficking of substances like fentanyl, 28 grams or more, or oxycodone, 100 grams or more. This is essentially a life sentence for many, and we treat these cases with the extreme urgency they require by challenging every piece of evidence from the ground up. I leave no stone unturned in looking for constitutional violations that could lead to a dismissal or a significantly reduced charge.

Connect with W.F. Casey Ebsary Jr.

An arrest can make you feel like your life is no longer your own, but hiring the right defense is the moment you take that power back. Download your copy of Drug Defense Decoded to arm yourself with the knowledge you need.

To learn more about my background and how my experience as a former prosecutor helps my clients, visit my About Me page. If you are ready to discuss your specific case, reach out to us for a confidential review at my Contact Page. You can reach my office directly by calling 813-222-2220.