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Florida’s Mandatory Minimum Drug Sentencing Laws: Trafficking, Sale, Possession

Florida’s Mandatory Minimum Drug Sentencing Laws: Trafficking, Sale, Possession

Florida has some of the harshest mandatory minimum drug sentencing laws in the country. These laws require judges to impose strict prison terms for certain drug offenses, regardless of mitigating factors. Supporters argue mandatory minimums take discretion away from “soft” judges and provide consistency in sentencing. But critics say they lead to overly punitive sentences, even for low-level and first-time offenders.This article will break down Florida’s mandatory minimums for drug trafficking, sale, and possession. We’ll look at the quantities of drugs that trigger mandatory sentences, sentencing ranges, and other consequences. We’ll also discuss criticisms of mandatory minimums and recent reform efforts in Florida.

Overview of Mandatory Minimums

Florida’s mandatory minimum drug laws target trafficking offenses in particular. Trafficking involves possessing, selling, purchasing, or bringing certain quantities of drugs into the state. Under Florida statute 893.135, mandatory minimum prison terms apply based on type and weight of the drug.For example, trafficking just 4 grams of opioids like heroin or oxycodone carries a 3-year mandatory minimum sentence. Trafficking larger amounts comes with lengthier mandatory minimums – up to life in prison for trafficking huge quantities.Sale and simple possession also carry mandatory minimums under certain circumstances. For instance, selling drugs within 1,000 feet of a school brings a 3-year mandatory minimum.Judges cannot lower mandatory minimum sentences or suspend them. The only way around them is cooperating with prosecutors through “substantial assistance.”

Drug Trafficking Mandatory Minimums

Let’s take a closer look at Florida’s mandatory minimum sentences for drug trafficking offenses. The table below summarizes mandatory prison terms based on drug type and weight:

In addition to mandatory prison time, those convicted of trafficking face fines up to $750,000 depending on the drug amount. They also face driver’s license revocation for at least 2 years after release from prison.

Sale and Possession Mandatory Minimums

Selling, delivering, or possessing with intent to sell drugs also carries mandatory minimums in Florida:

• Selling drugs within 1,000 feet of a school brings a 3-year mandatory minimum prison sentence. This applies to sale of any amount.
• Selling 10 grams or more of certain drugs like heroin and cocaine brings a 3-year mandatory minimum.
• Possessing more than 10 grams of drugs within 1,000 feet of certain locations like schools and parks also has a 3-year mandatory minimum.

Simple possession of over 20 grams of certain drugs can be charged as a felony with up to 5 years in prison. But there is no mandatory minimum for simple possession alone.

Criticisms of Florida’s Mandatory Minimum Drug Laws

Florida’s mandatory minimum drug laws have faced growing criticism in recent years from both sides of the political aisle. Some of the main concerns include:

• One-size-fits-all sentences – Mandatory minimums take discretion away from judges to issue fair sentences based on circumstances. The same sentence applies regardless of role in the offense or criminal history.
• Disproportionate impact on low-level offenders – While designed for major traffickers, in practice mandatory minimums often snare addicts and street-level dealers.
• Racial disparities – Studies show Black defendants receive mandatory minimum sentences at higher rates than white defendants charged with similar offenses.
• Mixed results on deterrence – Research on whether mandatory minimums effectively deter drug crimes has been inconclusive. Some studies show limited or no deterrent effect.
• High costs of incarceration – Lengthy mandatory minimum sentences contribute to prison overcrowding and are costly to taxpayers.

Reform Efforts and Alternatives

In response to these criticisms, Florida has enacted some modest reforms:

• 2014 law – Reduced mandatory minimums for selling, manufacturing, or possessing illegal pills like oxycodone. For example, the mandatory for possessing 4-14 grams dropped from 15 to 3 years.
• 2017 law – Reduced mandatory minimums for buying or possessing fentanyl under certain circumstances.
• Drug courts – Florida has drug court programs that allow some offenders to enter treatment programs rather than prison. These divert nonviolent offenders into rehab.

Some reform advocates have called for repealing mandatory minimums for drug possession altogether. Others argue judges should have more discretion to depart from mandatory minimums in cases involving low-level offenders.For now, Florida’s mandatory minimum drug trafficking laws remain among the toughest in the nation. Anyone facing potential trafficking or other drug charges should retain experienced legal counsel immediately. An attorney may be able to negotiate a plea deal to lesser charges not carrying a mandatory minimum. In some cases, they may also argue for exemptions from mandatory sentencing.

Conclusion

Florida imposes stiff mandatory minimum prison sentences for drug trafficking based on the type and quantity of drugs involved. Even small amounts of drugs like heroin and cocaine can trigger lengthy mandatory sentences.While designed to punish major traffickers, in practice mandatory minimums often affect lower-level offenders as well. Critics argue Florida’s mandatory minimum drug laws lead to excessive punishment, disparate impact on minorities, and high incarceration costs.Some modest reforms have passed, but Florida’s mandatory minimum drug statutes largely remain in place. Anyone facing potential trafficking or other drug charges needs to immediately contact an experienced criminal defense attorney. In the right circumstances, a lawyer may be able to negotiate an alternative to harsh mandatory minimum sentences. But avoiding them entirely requires quick action and skillful legal advocacy.