Common Drug Charges in Florida and Potential Penalties

Common Drug Charges in Florida and Potential Penalties

Getting charged with a drug crime in Florida can be scary. The laws are complicated and the penalties can be severe, especially for trafficking charges. This article will break down some of the most common drug charges in Florida and what you might be facing if convicted.

Possession of Marijuana

Marijuana laws have relaxed a bit in recent years, but possession is still illegal in Florida. The charges and penalties you face depend on the amount:

• 20 grams or less – 1st degree misdemeanor, up to 1 year in jail, $1,000 fine
• More than 20 grams – 3rd degree felony, up to 5 years in prison, $5,000 fine

In addition to jail or prison time, a conviction will also result in a 6 month to 2 year driver’s license suspension. And if you’re not a US citizen, it could negatively impact your immigration status.

Possession of Other Drugs

Penalties for possessing drugs like cocaine, heroin, methamphetamine or prescription medications without a valid prescription can include:

• Up to 5 years in prison
• Up to $5,000 in fines
• Driver’s license suspension
• Difficulty finding a job
• Difficulty qualifying for student loans

The actual charges and penalties depend on the type and amount of drugs. Trafficking charges may apply if you possess a certain amount, indicating intent to sell or distribute. See trafficking charges below for more details.

Drug Trafficking Charges

You can face drug trafficking charges in Florida if you possess, sell, distribute or manufacture large quantities of illegal drugs. This is very serious, with mandatory minimum prison sentences that can reach life in prison for large amounts.

Some examples of drug trafficking thresholds in Florida:

• Cocaine – 28 grams or more
• Heroin – 4 grams or more
• Methamphetamine – 14 grams or more
• MDMA (ecstasy) – 10 grams or more
• Prescription drugs – 4 grams or 30 pills (depending on schedule)

Penalties increase sharply at higher weight thresholds. For example, possessing 150 kilograms of cocaine carries a mandatory life sentence under Florida law.

Defenses for Drug Charges

If you’ve been arrested for a drug crime in Florida, don’t panic. There may be defenses an experienced criminal defense lawyer can use to get the charges reduced or even dismissed. Some potential defenses include:

• Illegal search – If the police violated your 4th amendment rights by searching you or your property without consent or probable cause, evidence found may be suppressed.
• Entrapment – You can claim police entrapment if they coerced or manipulated you into committing a crime you wouldn’t normally commit.
• Lack of knowledge – For trafficking charges, you may argue you didn’t know the type or weight of drugs found in your possession.
• Misidentification – The drugs may have belonged to someone else without your knowledge.

An attorney can review the details of your case and advise on the best defense strategies. Don’t wait to get help from an experienced drug crimes lawyer.

Sources:

• https://www.tampafloridacriminallawyer.com/possession-of-drugs-in-florida.html
• http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899%2F0893%2FSections%2F0893.13.html
• http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0800-0899%2F0893%2FSections%2F0893.135.html
• https://www.findlaw.com/state/florida-law/florida-drug-possession-laws.html
• https://www.omaralawgroup.com/blog/florida-drug-charges-and-penalties/