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Have you been arrested for or charged with possession of an analog, or “designer,” drug? Hubbs Law Firm can help you work to protect your rights. Our Miami drug crime lawyers have extensive trial experience; we know what is at stake and we are here to help you protect your future. Reach out to us today for a free, confidential consultation during which we can discuss your charges and your legal options.
Understanding Florida’s “Drug Analog Statute”
Florida Statute Section 893.0356 is often called "Florida's Drug Analog Statute." Originally created in 1987, Florida's Drug Analog Statute is very similar to the federal Controlled Substance Analogue Enforcement Act under 21 U.S.C. § 802(32)(A).
The statute was created in Florida to regulate new and emerging substances that are not yet included in one of the five schedules. Under the drug analog statute, it is a crime to possess certain types of new or emerging drugs that are substantially similar to those prohibited by statute.
Under Section 893.0356(5), Florida's Drug Analog Statute requires the controlled substance analog to be treated the same as the highest scheduled controlled substance in Section 893.03, F.S., of which it is an analog, for the purposes of determining criminal penalties.
Let Our Attorneys Fight for You
If you were charged with a drug crime involving a new or emerging substance that is not yet listed as a controlled substance under Florida law, contact an experienced Miami drug crime attorney at Hubbs Law Firm.
Our attorneys,E.J. and Erika Hubbs, are experienced in fighting complex drug cases throughout Miami-Dade County, FL. They understand the science behind the drug testing techniques used by forensic crime labs in Florida and throughout Miami-Dade County. We know how to use that knowledge to help you fight your charges.
Florida's Definition of a Controlled Substance Analog
Under Section 893.0356(2)(a), F.S., the term “controlled substance analog” is defined to mean:
- A substance that, due to its chemical structure and potential for abuse, is substantially similar to that of a controlled substance listed in Schedule I or Schedule II of s. 893.03, F.S.; and
- Either has or is represented to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than that of a controlled substance listed in Schedule I or Schedule II of s. 893.03, F.S.
The definition of a "controlled substance analog" under Florida's Drug Analog Statute specifies that the definition does not include:
- Any controlled substance;
- Any substance to which an investigation exemption applies under s. 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 355, but only to the extent that conduct with respect to the substance is pursuant to such exemption (See Section 893.0356(20)(b), F.S.);
- Any compound, mixture, or preparation that contains any controlled substance which is not for administration to a human being or animal, and which is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse; or
- Any substance for which there is an approved new drug application.
If you are facing criminal charges for possession of a non-scheduled substance, Hubbs Law Firm can help you work to protect your rights and your future. Our Miami drug crime attorneys are former prosecutors who know the ins and outs of the legal system. We can work to have your charges reduced or dismissed, your sentence reduced, or, if necessary, represent you through trial in an effort to secure a “not guilty” verdict.
Speak to an attorney at our firm today about your legal rights and options; call (305) 570-4802 for a free, confidential consultation. Se habla español.
Attorneys E.J. & Erika Hubbs
As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.
He Takes Every Case With Heart and HonestyPaul R.
I do not have enough praise for Erika and Eric.Zoe Gorospe
He is very knowledgeable, and he will fight to clear your name.J Multidor