Possession of Ketamine

ketamine possession defense lawyer criminal

Ketamine is a medication commonly used to induce anesthesia during surgery and is categorized as a general anesthetic. Due to its mild abuse potential and low potential for dependence, it is labeled a Schedule III drug. However, given it’s hallucinogenic and tranquilizing effects, it’s often used recreationally as a “club drug” among the likes of ecstasy and others. Law enforcement has no tolerance for any non-medical uses of the drug and aggressively prosecutes those caught in possession of Ketamine.

If you or someone you know is facing a criminal charge for possession of Ketamine or any other controlled substance, reach out to a local attorney who can provide adequate legal defense. The Orlando drug crime lawyers at The Umansky Law Firm are former prosecutors on the state and local level and can use their knowledge on how the other side operates to your benefit.

Florida Penalties for Possessing Ketamine

Criminal penalties for drug possession directly correlate with how it is scheduled by the United States Drug Enforcement Administration (DEA). The serious Schedule I drugs have the most severe penalties while Schedule V drugs have the least severe penalties. The following identifies examples of drugs and their scheduling:

  • Schedule I Drugs: Most dangerous and least medically useful. These include marijuana, PCP, heroin, LSD, and many others.
  • Schedule II Drugs: High abuse potential and highly restricted medical use. These include morphine, oxycodone, opium, and codeine among others.
  • Schedule III Drugs: Lower abuse potential than Schedule I and II drugs and accepted for medical use. These include methandriol, testosterone, trenbolone, and ethylestrenol among others.
  • Schedule IV Drugs: Lower abuse potential than Schedule III drugs, accepted for medical treatment, and have a limited risk of dependence. These include Ativan, Xanax, Valium, Halcion, and many others.
  • Schedule V Drugs: Lowest abuse risk and accepted for medical treatment. These include Robitussin, Tylenol with codeine, Lyrica, Lomotil, and many others.

Being that Ketamine is a Schedule III drug, the penalties will fluctuate depending on the amount found in an individual’s possession, his or her criminal history, and intent with the drug. To get a conviction, however, the prosecution will have to prove that the drug was in your possession at the time of the arrest. There are two types of possession that the arresting officer can cite:

  • Actual Possession: Having physical custody or control of an object. Having drugs in your pocket, hand, or bag that is on your person are all examples of actual possession.
  • Constructive Possession: Having knowledge of an object and the ability to control the object even if you have no physical contact with the object. Having drugs in the car you’re driving is an example of being in constructive possession.

Defenses to Ketamine Possession Charges

Whether you face charges for actual or constructive possession of Ketamine, criminal defense options are available to you. Your criminal defense lawyer can present any of the following as viable defenses to your criminal charge:

  • Overdose defense
  • Illegal search and seizure
  • Prescription defense
  • Constructive possession
  • Lack of knowledge
  • Temporary possession
  • Legal disposal

The Orlando drug crime lawyers at The Umansky Law Firm can assess the details of your case, make you aware of your legal options, and negotiate favorable terms with the prosecution. Our team consists of Board Certified Criminal Trial Lawyers with over 100 years of combined experience protecting the rights of the accused. If your case goes to trial, we can prepare you for your day in court and serve as your legal representation throughout court proceedings. Contact us today at 407-228-3838 for a free case evaluation.