Morphine Possession (30 kg or More)

Morphine is a controlled substance that is prescribed by doctors for relief of severe or moderate pain. It is an opioid analgesic that alters how a body responds to or feels about pain. Side effects include dizziness, sweating, constipation, nausea, and vomiting. If you are charged with morphine possession of 30 kg or more in Clearwater, you should be highly concerned, just as you would be if you were charged with morphine trafficking. It is important to seek counsel from an experienced Clearwater morphine possession lawyer. Hanlon Law fights for the rights of the accused.

Morphine possession involving at least 30 kg of morphine is a first-degree felony that comes with a mandatory minimum sentence. Mandatory minimum sentences are those over which judges do not have discretion. In other words, you could have been a model student and citizen for your whole life, but if you are caught possessing a threshold amount of morphine, the judge cannot consider your background and must simply sentence you to prison and a hefty fine. There are only extremely rare situations in which you could be eligible for a discretionary release.

A prosecutor hoping to secure a conviction for morphine possession of 30 kg or more must establish beyond a reasonable doubt that you: (1) knowingly (2) were in actual or constructive possession of (3) 30 kg or more of morphine, a derivative of morphine, or a morphine-containing mixture. Morphine trafficking is charged both for actual and constructive possession and for activities like selling, manufacturing, buying, delivering, or importing into the state a particular threshold amount. If convicted, you may be punished with life imprisonment and be ineligible for any kind of discretionary release, with certain rare exceptions. This drastic outcome makes it critical to consult a morphine possession attorney in the Clearwater area without delay.

When you actually or constructively possess at least 30 kg of morphine and also intentionally kill someone or counsel or cause someone else's death, morphine trafficking can be charged as a capital felony. You can face a potential death sentence. In this case, however, aggravating and mitigating factors may be considered. For example, if the facts constituting the charge occurred in a school zone and involved a minor and a gun, these are aggravating factors. For another example, if you do not have any criminal record and were simply an accomplice to a capital felony perpetrated by another person, these may be mitigating factors that a Clearwater criminal lawyer can help emphasize.

Generally, actual possession is charged when the morphine is found on your person. For example, if the police frisked you during a traffic stop and discovered that you were carrying morphine in a bag under your shirt, you might be charged with actual possession. Meanwhile, prosecution based on constructive possession may occur when there is more than one person who may have possessed the morphine, and the morphine was within the reach of each person. In the case of constructive possession, the prosecutor will need to prove that: (1) you knew that the morphine was present, and (2) you had the ability to exercise control or dominion over it.

If the state is not able to establish either of these elements beyond a reasonable doubt, the jury is not supposed to convict you. Proving the ability to exercise dominion or control does not involve only showing that you could reach out and grab the morphine. Your mere proximity to the morphine is not enough proof of your ability to exercise control or dominion. In a case in which the prosecutor was only able to prove that the defendant and another person were equally close to the morphine and nothing else, they were not able to establish the second element. The case was reversed on appeal.

Morphine possession is a serious charge. If you are charged with morphine possession of 30 kg. or more, you face the potential of prison time and significant fines, as well as post-imprisonment challenges finding a job, renting an apartment, obtaining governmental financial aid for school, or getting a professional license. Our founder, Will Hanlon, has represented clients charged with drug crimes involving substances such as morphine, cocaine, heroin, and meth since 1994. You can call Hanlon Law at 727.897.5413 or complete our online form to discuss your case with a morphine possession lawyer in the Clearwater area.